1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 24, 2016, the Plaintiff filed a lawsuit against Ulsan District Court Decision 2016Ga16033, seeking payment of the loan amounting to KRW 10 million, and the said court rendered a judgment in favor of the Plaintiff on October 11, 2016, but the Plaintiff filed a written withdrawal of the lawsuit on October 28, 2016, and C submitted a written consent of withdrawal of the lawsuit on November 7, 2016, and the said lawsuit was concluded as the withdrawal of the lawsuit.

B. On August 31, 2016, the Defendant: (a) delivered the credit card in its name to the Plaintiff to repay the Plaintiff’s loan obligation amounting to KRW 10 million; (b) the Plaintiff and the Defendant promised to pay the Plaintiff’s debt by settling the amount equivalent to the Plaintiff’s goods payment obligation against the Defendant with the said credit card. Since the Defendant paid the amount equivalent to KRW 10 million with the said credit card and returned the amount exceeding KRW 2 million to the Plaintiff, the Defendant prepared a confirmation document stating that the Plaintiff and C does not have any obligation and obligation between the Plaintiff and C (hereinafter “instant confirmation document”); and (c) submitted it as evidence of the said lawsuit.

C. On November 29, 2012, Daegu District Court Decision 2012Hadan5472, 2012, and 2012, C applied for bankruptcy and immunity. On June 4, 2013, the said court rendered a decision to discontinue the bankruptcy and a decision to grant immunity to C.

From April 2, 2012 to April 10, 2012, the Defendant settled a total of KRW 9,061,000 using C’s credit card.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 5, 6, and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that C was issued credit cards in his name under the pretext of repayment of the loan debt of KRW 10 million to the Plaintiff.

The defendant, upon having known the above facts, proposed to the plaintiff that the above credit card should be commercialized on the face of the defendant, and the defendant shall make the above credit card from the plaintiff.