1. The plaintiff's claim is dismissed.

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

1. On December 14, 2005, in order to get loans of KRW 30 million from the defendant, the plaintiff had his/her father and wife B provide his/her lending consultation with the defendant on December 14, 2005.

After that, on December 27, 2005, the Plaintiff entered into a marina loan agreement with the Defendant within the limit of KRW 30 million (hereinafter “instant loan”), and created the right to collateral security stated in the purport of the claim to the Defendant as collateral for the said loan.

At the time of the loan of this case, the Plaintiff prepared the loan application of this case and the mortgage contract of this case. B signed and sealed on the upper end of the loan contract of this case to confirm such intent.

On the other hand, on December 27, 2005, the Plaintiff transferred the amount of KRW 30 million from the Plaintiff’s loan account to the account in B’s name.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, 11, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion arises only when the debtor withdraws money from the loan account. The Defendant transferred KRW 30 million from the loan account in the name of the Plaintiff to the loan account in the name of B without the Plaintiff’s consent. Therefore, the Plaintiff cannot be deemed to bear the said loan obligation.

Therefore, the registration of creation of a mortgage on the claim stated in the purport of the above loan should be cancelled.

B. The summary of the Defendant’s assertion is that the Defendant transferred KRW 30 million to the account in the name of B upon the Plaintiff’s request for withdrawal, and as a matter of course, the Plaintiff bears the obligation of the instant loan.

3. Determination

A. The Plaintiff and C’s slips requesting the withdrawal of KRW 30 million from the instant loan account (hereinafter “instant slips”) were prepared on December 14, 2005, and the said slips were handled on December 27, 2005, the date of the instant loans.

In addition, the defendant's employee who was in charge of the loan business at the time is the plaintiff in the column of "Seo-si".