1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. 【Ground for recognition of the fact of recognition】 The fact that there exists no dispute, Gap’s evidence of subparagraphs 1 through 13 (including each number), Eul’s evidence of subparagraph 1, and the purport of the whole pleadings;

A. On February 25, 2010, D Co., Ltd.’s loan and provisional payment was the Defendant’s death money, the representative director of A Co., Ltd. (hereinafter “A”) and completed the registration of creation of a mortgage with respect to the E-type 473 square meters (hereinafter “instant land”) owned by both owners of the said land, the Industrial Bank of Korea, the debtor, and the maximum debt amount as KRW 60 million.

On the same day, A borrowed KRW 500 million from the Industrial Bank of Korea as a collateral on August 24, 2010 (hereinafter “the first loan”). On the same day, A loaned KRW 500 million to the Defendant without setting the due date and interest rate for the provisional payment. Meanwhile, on August 24, 2010, A repaid the first loan amount of KRW 50 million to the Industrial Bank of Korea and extended the due date on February 24, 2011 for the remainder of KRW 450 million. (B) D’s first loan subrogation was revoked on December 31, 2010 from the Industrial Bank of Korea to KRW 450,500,000,000 from the first loan amount of KRW 50,000,000 from the Industrial Bank of Korea (hereinafter “the second loan”). On the same day, A repaid the principal and interest of the instant land as a collateral, and revoked the loan amount of KRW 1505,500,000,000.

On the same day, A stated that the provisional payment amount of KRW 450 million against the defendant was settled in the loan bond ledger of the company on the same day.

C. The commencement of rehabilitation procedures for A and the declaration of bankruptcy were suspended on January 27, 201, and the current account transaction of A were suspended, and on April 1, 201, the application for commencement of rehabilitation procedures was filed on April 20, 201 by Seoul Central District Court 201Mo38, and the decision to commence rehabilitation procedures was made on October 24, 201, respectively, but the authorization of the rehabilitation plan was determined on October 13, 201.