1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff has a claim of KRW 198 million for the principal and interest of the judgment with executory power, such as loans, etc. to the obligor C by the Gwangju District Court 2012Gahap3915.

B. The Plaintiff, based on the original copy of the above executory judgment, was the obligor C with the claim amounting to KRW 80 million against the claim amounting to the claim amounting to purchase and sale of shares of D Co., Ltd. to be received by the Defendant from the Defendant; the Defendant was the third obligor; the Gwangju District Court 2013TTT 21992 decided December 24, 2013; the service of the obligor C on January 3, 2014; and the service of the obligor C on January 11, 2014; and was finalized on January 11, 2014; and the Defendant was delivered on December 30, 2013; and was finalized on January 11, 2014.

[Reasons for Recognition] Facts without dispute, Gap 2 and 3 evidence, the purport of the whole pleadings

2. Assertion and determination

A. After the judgment of the lower court of Gwangju District Court 2013TTT 21992 became final and conclusive, the Plaintiff filed a lawsuit against the Defendant for the claim for the total amount of money in collusion with the debtor C, and the Defendant asserted that all of the purchase price of the said shares was paid to C in collusion with the debtor C for the purpose of evading his/her obligation, and the Plaintiff withdrawn the said lawsuit on September 3, 2014.

On August 5, 2013, the Defendant: (a) entered and withdrawn from the Agricultural Cooperatives Co., Ltd. Co., Ltd.’s Agricultural Account (E) to C as “C”; (b) issued a cashier’s check from the Agricultural Cooperatives Co., Ltd. as KRW 50 million out of the said money; and (c) made the Defendant keep and present it to C only on the back of the cashier’s check; and (d) subsequently, the Defendant pretended the payment of the purchase price of shares by depositing the same into the said Agricultural Cooperatives Co., Ltd. after the expiration of this title.

Therefore, the Defendant’s payment of KRW 80,00,00 and its payment to the Plaintiff from January 12, 2014 to April 4, 2014, the delivery date of a copy of the complaint of the total amount of KRW 2014da15939, which is 5% per annum, 20% per annum from April 5, 2014 to September 30, 2015, and 0% from the next day to the day of full payment.