1. The Defendant: (a) KRW 37,400,000 for the Plaintiff and 5% per annum from September 28, 2018 to August 23, 2019.

1. On November 10, 200, the Plaintiff’s Intervenor filed a complaint against the Plaintiff for fraud with the knowledge that the Plaintiff’s Intervenor was unable to purchase the said land from F while entering into a contract to purchase KRW 1,600,000 from F to pay KRW 80,000 in cash on the following day. The Plaintiff’s Intervenor deposited KRW 80,000 into the Defendant’s account with F; the Plaintiff’s Intervenor did not have to purchase the said land from F because he was not the owner of the instant land; the Defendant was present as witness of Seoul East District Court case 2015No4016 fraud (hereinafter “instant criminal case”); the Plaintiff’s statement that “the Plaintiff would have received KRW 80,00,000 from the Plaintiff’s Intervenor; and the Plaintiff would have received KRW 80,00,00,00 from the Plaintiff’s Intervenor’s Defendant’s Defendant’s each of the above written confirmation of the loan out of KRW 10,000,00.”

According to the above facts, the defendant borrowed the above KRW 40,000,000 from the plaintiff on November 11, 2009, barring any special circumstance.