1. The portion of the primary claim in the lawsuit in this case shall be dismissed.

2. The Defendant shall pay KRW 38,700,000 to the Plaintiff and its related expenses on January 2, 2016.

1. From 2007 to 2014, the Plaintiff claimed that the Defendant lent KRW 116,000,000 to 3% to 5% interest per month, and that the Plaintiff demanded the return of KRW 38,700,000 among them.

However, since the defendant is recognized to have been granted immunity on December 14, 2015 in Seoul Central District Court case 2015Gu1531, the lawsuit of the main claim seeking the return of loan is unlawful.

2. The Defendant, while driving away from the bonds in an economically poor condition, fraudulently told the Plaintiff that “I will lend money to the Plaintiff as a business fund, I will complete the payment of high interest.” The Defendant acquired KRW 38,700,000 from September 20, 201 to October 10, 201.

(Reasons for Recognition: Each entry and the purport of the whole pleadings as to Gap's damages for tort, Gap's damages for damages of 38,700,000 won, and damages for delay, shall be paid to the plaintiff as a whole). Therefore, the defendant is obligated to pay the plaintiff damages for tort, and this shall not be exempted pursuant to Article 566 (3) of the Debtor Rehabilitation and Bankruptcy Act.

3. Thus, we dismiss the lawsuit of the primary claim and accept the conjunctive claim.