1. The plaintiff's primary and conjunctive claims are all dismissed.

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

1. Basic facts

A. The plaintiff is deceiving C, etc. and the same year from March 30, 2006

5. up to 30.30.30.00 million won was remitted to the national bank account of C, which is KRW 575 million, and that of KRW 960 million, to the national bank account of D (hereinafter “D”).

B. On May 2006, the Defendant received KRW 20 million as a prop work expense, and KRW 100 million as a loan, respectively, from D, who was entrusted with a prop work around May 2006, and received KRW 100 million from D as a prop work expense.

D's apartment execution project failed, and C was found to be located around June 2007 but around 2010 and became final and conclusive after being sentenced to 4 years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court 2010Gohap207.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Gap evidence 9 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff has a claim for a loan of KRW 1.765 million loaned to D by means of remitting money to C and D’s account, and D has a claim for damages arising from tort by deceiving the Plaintiff with respect to C. Moreover, D has a claim for a loan of KRW 147 million in total on two occasions to the Defendant. 2) The Plaintiff, which is the primary cause of the claim, acquired a loan of KRW 147 million from D to the Defendant, and the Defendant is obligated to pay it to the Plaintiff.

3 Even if the principal who lent KRW 147 million to the Defendant as the conjunctive claim is not D, the Plaintiff has the loan claim against D, and the damage claim against C due to tort.

D or C does not exercise a loan claim against the Defendant in excess of its obligation. Thus, the Plaintiff claims the Defendant to subrogate the loan claim on behalf of D or C, the obligor, for the preservation of the claim.

B. The defendant's assertion.