The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. Defendant B, who operated “D”, supplied a total sum of KRW 62,243,890 from July 3, 2003 to May 22, 2004 by the Plaintiff operating “E,” but did not pay approximately KRW 50,00,000 out of the price.

B. The plaintiff filed a complaint against the defendant B as a crime of fraud because he did not receive the price of goods from the defendant B. On November 3, 2005, the defendant B was sentenced to imprisonment with prison labor for ten months and three years of suspended execution, including the following criminal facts, in the Cheongju District Court Decision 2005Kadan281, 292 (Merger). The judgment became final and conclusive around that time.

The defendant, around June 23, 2003, at the office of the victim A's operation E in Daegu-gu, Daegu-gu, the defendant, while engaged in the business of processing and exporting the Textiles yarn at the time, the defendant was not entitled to pay the price even if the amount of the recovered amount of the claim reaches 60 million won and is supplied with the Textiles yarn from the victim, the defendant makes a false statement to the effect that "the defendant will process the Textiles yarn if the four were supplied with it, and pay the price immediately after the delivery to the foreign country," and that "the defendant will pay the price to the above victim."

7. At around 3: (a) in the same G located in the same Gu G, he/she received 69,534 amplicates equivalent to KRW 58,352,640 at the market price, and acquired them by deception.

C. In the process, on March 3, 2005, the Plaintiff and Defendant B drafted, instead of a written agreement, a certificate of borrowing (see, e.g., evidence A1; hereinafter “certificate of borrowing”) as of September 3, 2007, which was determined on the loan amount of KRW 50,000,000, interest rate of KRW 1.5%, and the due date of payment of the loan amount of KRW 1.5%, and Defendant C signed and sealed the certificate of borrowing as a joint guarantor.

In order to secure the debt under this loan certificate, Defendant C created the right to collateral security with the land and the building on the ground, J K apartment No. 1 L on March 4, 2005, the maximum debt amount of which was 60,000,000 won, and the right to collateral security with the Plaintiff as a mortgagee.

The plaintiff on August 26, 2009.