1. The judgment of the court of first instance is modified as follows.

Done on October 30, 2012, the defendant's C Office of Notary Public against the plaintiff.

1. Basic facts

A. The Defendant is a person who runs a loan brokerage business by entering into an agreement on the entrustment of business with the subordinate company of Aju Capital Co., Ltd. (hereinafter “Aju Capital”).

B. The Plaintiff purchased used cargo at the recommendation of D and E, and thereafter, borrowed KRW 45,00,000 from the Ariju Capital on October 9, 2012 on the condition of equal repayment of principal and interest for 16.9% per annum and 36 months.

C. At the time of the Plaintiff’s “Agreement on the Acceptance of Contract” (No. 1-2 of the evidence A, hereinafter “instant loan agreement”), the Plaintiff stated “4.5 tons” in the item model column of the product condition, “202” in the annual formula, and “G” in the vehicle number column, and a copy of the Plaintiff’s passbook (Account Number: J) is attached.

The defendant arranged the loan contract of this case by the introduction of D, and received necessary documents, such as a loan application and a certificate of personal seal impression, from the plaintiff, and processed the loan business for Aju Capital.

E. On October 9, 2012, Aju Capital remitted KRW 44,980,00,000, excluding KRW 20,000,000 from 45,000 of the loan to the account of Daehan Co., Ltd., and on the same day, the said amount was transferred to the account of a national bank (Account Number: H) and was transferred on October 10, 2012, and was transferred to the account of one bank (Account Number:J) of the copy of the passbook attached at the time of the instant loan agreement.

F. On October 10, 2012, the Plaintiff transferred KRW 30,000,000, out of the loans received as above, to the Nonghyup Bank account (K) of the F&C. On the following day, the Plaintiff wired most of the above loans to the account of the F&C operated by D, by remitting KRW 10,000,000 to the same account.

G. After loan execution, the Defendant tried to set up a right to collateral security on the instant cargo. The Plaintiff was in the process of setting up the right to collateral security.