1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From May 2, 2002 to July 31, 2008, the Plaintiff engaged in credit business under the trade name C.

B. On July 6, 2007, the Plaintiff: (a) lent KRW 100 million to D; (b) obtained, as a security, the right to collateral against the Defendant’s mother with respect to the Emb. 204 square meters owned by the said D, the right to collateral security, the maximum debt amount of which is KRW 150 million; and (c) revoked the said right to collateral security, the right to collateral security, the amount of which is equivalent to KRW 14 million paid from the said D on November 28, 2007.

C. On November 27, 2007, the Plaintiff loaned 60 million won interest rate of 30% per annum, 42% of interest rate, and 28 November 28, 2008 on the date of maturity for reimbursement. As a security, the Plaintiff was established with respect to the property owned by the said D, the maximum debt amount of which is KRW 90 million with respect to E-si in Gunsan-si and 204.4m2 and its ground buildings owned by the said D. On September 15, 201, the Plaintiff was paid a dividend of KRW 7,609,122 as a mortgagee in the auction procedure (Seoul District Court, Military Branch of the Jeonju District Court, G) with respect to the property owned by the said D.

After that, on November 8, 201, the Plaintiff prepared a loan certificate (hereinafter “instant loan certificate”) issued by the Defendant as of November 7, 201, which was as of November 7, 201, from the date of maturity.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including paper numbers), Eul evidence 1.2.3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion against the Defendant is claiming against the Defendant for payment of the loan amount of KRW 60 million on the loan certificate of this case and damages for delay on the following grounds.

The actual borrower of the loan of 60 million won on November 27, 2007 is the defendant.

In relation to the above loan 60 million won, the Plaintiff received the instant loan certificate from the Defendant. This is to replace the obligor from the above D to the Defendant, who is the actual obligor, thereby extinguishing the obligation of the Plaintiff between the Plaintiff and the Defendant, and establishing a new obligation against the Plaintiff.