1. Of the part concerning the counterclaim by the Defendant (Counterclaim Plaintiff) C in the judgment of the first instance, the lower amount is ordered.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. 1 Acquisition of the instant real estate) The real estate listed in the separate sheet (hereinafter “instant real estate”).

(2) On May 15, 2007, the Plaintiff Company (hereinafter “Plaintiff”) purchased the instant real estate at the above auction procedure by bearing one-third of the necessary funds, such as the purchase price, from itself and the Defendants on June 2008. At first, D, a licensed real estate agent, intended to purchase the instant real estate at the above auction procedure. The Defendants accepted D’s proposal and agreed to bear the purchase price at the rate of one-third, respectively. However, D’s corporate register, shareholders’ list, and articles of incorporation, etc. displayed against the Defendants, “If the Plaintiff Company purchased the instant real estate at the above auction procedure, and if the Defendants lent one-third of the purchase price, etc., then transferred the Plaintiff’s shares to the Defendants, and divided profits accrued from disposing of the instant real estate.”

3) The Plaintiff received the decision of permission for sale from the highest bidder on June 16, 2008. D, on the date of the payment of the sale price, “The total amount of the sale price and the registration cost, etc. due to the shortage of the funds were additionally loaned to the Plaintiff, and around June 24, 2008, Defendant B loaned KRW 30 million to the Plaintiff, and Defendant C lent KRW 28 million to the Plaintiff, respectively. 4) On June 24, 2008, the Plaintiff paid the sales price for the instant real estate with the above borrowed money, and on July 10, 2008, the registration of ownership transfer was completed with respect to the instant real estate in the name of the Plaintiff.

On the same day, the Plaintiff completed the registration of creation of a mortgage over the instant real estate with the maximum debt amount of KRW 500 million to Defendant B in order to secure the Plaintiff’s debt for the loan to Defendant B.

B. On August 6, 2010, the Plaintiff of each of the instant loan certificates and agreement 1: Provided, That each of the instant loan certificates is deemed as “the date on which each of the instant loan certificates was drawn up.”