1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff loaned the Defendant’s husband C, KRW 50 million on June 20, 2005, KRW 500 million on July 19, 2005, KRW 100 million on October 19, 2005, KRW 500 million on October 25, 2005, and KRW 50 million on October 20, 2005, respectively, to the Defendant’s husband C.

B. The Plaintiff filed a complaint with C in August 2006 to an investigative agency for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and received a request for agreement from C in the course of the investigation.

C. On Nov. 21, 2006, the Plaintiff and C received KRW 1.35 billion, including interest, from C, in total, KRW 200 million, among which the Plaintiff received KRW 1.5 million from C, and the remainder KRW 1.2 billion shall be due and due and due and due, July 31, 2007, and the registration of the establishment of a mortgage on each real estate listed in the separate sheet in the name of the Defendant as security was made.

C paid KRW 150 million to the Plaintiff on November 21, 2006, and thereafter the registration of establishment of a mortgage was completed on November 22, 2006 with regard to each of the real estates listed in the separate sheet in the name of the Defendant, the maximum amount of debt 1,200,000,000,000 for contract for establishing a contract on November 22, 2006, which was based on the registration of the Busan District Court and the receipt of the registration of the Busan District Court on November 22, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. On November 21, 2006, the Defendant asserted that the Plaintiff had jointly acquired C’s loan obligation of KRW 1.2 billion against the Plaintiff while setting up and granting the right to collateral on each real estate stated in the separate sheet to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 1.2 billion won and interest or delay damages on the debt acquisition amount.

B. Although the Defendant alleged that the Defendant created the right to collateral security with the Plaintiff as the mortgagee on each of the real estate indicated in the separate sheet, the Defendant’s claim may grant a loan of KRW 1.2 billion to the Plaintiff, who is the husband of the Defendant.