1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 22, 2014, the Defendant’s wife requested the Plaintiff to lend KRW 30 million to the Plaintiff.

The Plaintiff demanded C to prepare a loan certificate for the total amount of KRW 85 million with the existing debt and the new loan amount of KRW 85 million, and issued a draft cash loan certificate with the borrower stated as the defendant.

B. On August 22, 2014, C had the Defendant’s seal impression affixed to the Defendant’s name, next to the Defendant’s name stated in the draft of the said cash loan certificate and the bond transfer and takeover contract. The following is indicated as the agent C, and C’s seal impression was issued next to C’s name (hereinafter “the instant cash loan certificate”).

C. The Defendant filed a complaint with the Seoul Guro Police Station on the charge of fabrication of private documents and the charge of uttering that C, without permission of the Defendant, prepared and exercised the cash tea certificate in the name of the Defendant without permission of the Defendant.

C On March 17, 2015, the Seoul Central District Court was indicted on the charge of forging private documents and uttering thereof by 2015Kadan12855

[On the other hand, C was prosecuted on charges of fraud and attempted fraud against D and E in the above court (Seoul Central District Court 2015Da3925, 2015Kadan5603), and all of them were merged into the above 2015 Godan1285). On December 16, 2015, the above court found all of the above charges guilty and sentenced C to two years of imprisonment.

C was legally detained on December 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion filed a lawsuit against the Plaintiff seeking confirmation that there is no obligation based on the instant monetary loan certificate.

Therefore, the lawsuit of this case filed by the plaintiff after the defendant's filing of the lawsuit of this case, claiming that there exists a claim based on the monetary rent of this case.