1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On April 21, 2009, the Plaintiff, via an intermediary, borrowed KRW 230 million from the Defendant (hereinafter “the instant loan”), issued a promissory note causing KRW 300 million at par value to the Defendant, and completed the registration procedure for cancellation by forging relevant documents together with D, etc. on February 26, 2010.

B. The Defendant filed a lawsuit against the Plaintiff seeking restoration registration of the instant right to collateral security (U.S. District Court Decision 2010Gahap9495, Jun. 1, 2012; hereinafter “related lawsuit”) and rendered a favorable judgment, and the judgment became final and conclusive on October 16, 2012 following the Plaintiff’s appeal and final appeal, completed the restoration registration of the establishment registration of the instant right to collateral security on October 23, 2012.

C. The Defendant submitted a claim statement that the secured claim of the instant right to collateral security or the instant loan claim amounting to KRW 300 million in the discretionary auction procedure regarding the instant real estate and received dividends of KRW 300 million around that time when the distribution schedule was prepared on July 24, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1, 6, 7, 9, 10 (including partial numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that prior to the above auction, the defendant received KRW 230 million of the loan principal of this case from the plaintiff, and even though the loan balance of this case was limited to KRW 150 million, the defendant submitted a false claim statement that he did not receive the principal amount of KRW 300 million and received KRW 300 million. Thus, the plaintiff is obligated to pay KRW 150 million as damages or unjust enrichment.

B. (1) The Defendant asserts that the Defendant agreed to pay the interest of 2% per month on the instant loan.

Although there is no disposal document concerning interest agreements, there is no disposal document.