1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a person who runs a financial brokerage business, etc. under the trade name of “C,” and D remitted KRW 90 million to the Plaintiff on January 23, 2013, and KRW 25 million on April 1, 2013.

B. The Defendant asked the Plaintiff, who was aware of the place where the money was borrowed, to use the money borrowed. Accordingly, the Plaintiff lent the said money to the Plaintiff, which was kept by D.

C. On April 22, 2013, the Defendant: (a) drafted and delivered to the Plaintiff the following: (b) the loan certificate stating that the Plaintiff is “one day on April 22, 2013; (c) the borrowed amount of KRW 72 million; (d) the due date on April 22, 2014; (c) the interest rate of KRW 2% (39% per annum); (d) the date of the payment of interest; (e) the obligee D; and (e) the Defendant’s “Defendant”; and (b) the loan certificate stating that “the borrowed amount of KRW 60 million per annum; (d) the due date on April 22, 2013; (e) the interest rate of KRW 2% (39% per annum); (e) the date of payment of interest; (e) the creditor D; and (e) the Defendant” (hereinafter “each of the instant loan certificates”).

The Defendant completed the registration of the establishment of a neighboring mortgage with the obligee D, the obligor, the maximum debt amount, KRW 90,000,000,000 won, and the right to claim ownership transfer with the provisional registration authority for D, with respect to the registration of the establishment of a neighboring mortgage with the obligee, the obligor, the obligor, and the maximum debt amount of KRW 90,000,000,000,000,000 won in order to secure the debt of the loan.

E. Based on each of the instant loan certificates, D began to lend money to the Defendant through the Plaintiff from April 24, 2013.

F. On September 23, 2014, Suwon District Court rendered a voluntary decision to commence the auction on the instant real estate as the receipt of an order to voluntarily commence the auction on September 23, 2014 by the Suwon District Court of Suwon District on the ground of the voluntary decision to commence the auction (G). On October 29, 2015, Suwon District Court: (a) on October 29, 2015, the Suwon District Court distributed KRW 90 million to D on the date of distribution of the said auction procedure; and (b) on the basis of the said provisional registration right, KRW 1,925,311 is distributed to D on the basis of the said provisional registration right.