1. The plaintiff's claim is dismissed.

2. With respect to the case of application for the suspension of compulsory execution of 2016 Chicago50108, this Court shall decide on December 12, 2016.

1. Basic facts

A. On August 21, 2013, the Defendant remitted KRW 100 million to the account under the Plaintiff’s name.

Around that time, the Plaintiff prepared a certificate of borrowing KRW 130 million with respect to the above remittance and delivered it to C (the head of the Plaintiff). D (the Plaintiff’s wife) and E affixed the above certificate of borrowing as a joint and several surety.

B. On October 8, 2013, the Defendant transferred KRW 50 million to an account in the name of F (C).

Around that time, the Plaintiff prepared a loan certificate stating that he borrowed KRW 60 million with respect to the above remittance and issued it to C.

C. After that, on October 7, 2014, the Defendant filed a lawsuit against the Plaintiff and D and E seeking payment of loans under Sungwon District Court Branch 2014Gahap8116, and was sentenced to the judgment of the above court on July 7, 2015 (hereinafter “instant judgment”) that “The Plaintiff shall pay to the Defendant, and the Plaintiff shall jointly and severally with the Plaintiff KRW 100,000,000 out of the said money and KRW 100,000 from November 28, 2014 to July 7, 2015, and each of them shall be 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

Although the Plaintiff and D appealed against the appeal, on July 19, 2016, they were sentenced to a judgment dismissing the appeal (Seoul High Court 2015Na2014570), and again appealed against the appeal (Supreme Court 2015Na2014570), on November 10, 2016, the instant judgment became final and conclusive (hereinafter “the final and conclusive judgment of this case”) as is, on November 10, 2016.

On December 24, 2015, based on the judgment of this case, the defendant applied for a compulsory auction on real estate in the attached Form G to Suwon District Court Sung-nam Branch G for a compulsory auction and was ordered to commence the compulsory auction on December 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion C embezzled the Plaintiff’s partner money.