1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On June 28, 2013, the Plaintiff loaned KRW 40,000,00 to the Defendant at an interest rate of 8.3% on June 27, 2014 and at a rate of 19% per annum (in addition, 7-9% per the overdue interest rate per the overdue interest rate) (hereinafter “instant loan agreement”).

2) At the time of the instant loan agreement, the Defendant, at the time of the instant loan agreement, prepared and delivered a letter of undertaking (Evidence A 3) to the Plaintiff, and the main contents thereof are as follows.

- The Defendant confirmed that no other financial institution has applied for a loan in addition to the matters already notified, and confirmed that there has been no intention to do so through other financial institutions - for a certain period of time (within 15 business days before loan enforcement), the Defendant was indicted on the charge of fraud in connection with the instant loan agreement and sentenced to conviction on August 27, 2015 (Seoul Central District Court Decision 2015Dadan1104). The summary of the final judgment was “the Defendant obtained a loan of KRW 69,30,000 from Han Bank on June 27, 2013 and KRW 15,00,000 from Hansung Life Insurance, and on June 1, 2013, the Defendant applied for a loan of KRW 23,000,000 to the Defendant’s individual rehabilitation procedure under the Seoul Central Rehabilitation Procedure Act to obtain a loan of KRW 20,000 from Hyundai Capital and KRW 15,000,000,000).”

(2) A claim under the loan agreement of this case is included in the list of individual rehabilitation creditors submitted in the individual rehabilitation procedure of this case (hereinafter “instant individual rehabilitation procedure”), and the balance of the principal is KRW 40 million in the column of “the loan made on June 28, 2013 and the content of the claim.”