1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. Nonparty B borrowed a total of KRW 154 million from the Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance”) in the name of Nonparty B and D, and the Plaintiff jointly and severally guaranteed the above loan obligations.

B. B borrowed 49 billion won from the name of another person, and the Defendant’s employee E in collusion with B received a stock financing loan of KRW 160 million.

C. The Defendant filed a lawsuit against B for compensation for damages according to B’s burden of liability for the loan obligations, etc. to the East Life under the loan consignment agreement entered into with the East Lifelonglong Life.

A provisional attachment was made on the real estate owned by the Defendant, a joint and several surety, on April 2015, and the Plaintiff and the Defendant agreed to pay the Defendant KRW 90 million with respect to the loan claims against B, and withdraw the provisional attachment. On April 29, 2015, the Plaintiff transferred KRW 90 million to the Defendant on April 29, 2015.

E. On August 8, 2013, B sold 361 square meters, etc. to G in Daegu-gu, Seo-gu, and the Defendant filed a lawsuit against G seeking revocation of fraudulent act and compensation for value on the ground that the said sale was fraudulent act.

In the above appellate trial, G was sentenced to the Defendant to pay KRW 670,872,00 and damages for delay thereof, and the above judgment became final and conclusive later.

G paid KRW 670,872,00 to the Defendant on June 24, 2016.

F. Around April 29, 2015, the Defendant claimed 703,372,000 won for the principal and damages for delay, without deducting the above KRW 90,000,000 from the principal and damages for delay, and received 670,872,00 won from G from the Plaintiff on April 29, 2015. Thus, the Defendant received 90,000 won from the Plaintiff on April 29, 2015.