1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 26, 2015, the Defendant filed a lawsuit against the Plaintiff for damages of Suwon District Court Decision 2014Kadan5953 (former Claim). On August 26, 2015, the said court recognized the employer’s liability pursuant to Article 756 of the Civil Act against the Plaintiff who lent a licensed real estate agent’s name to the Plaintiff, and rendered a judgment that “the Plaintiff shall jointly and severally with the Plaintiff, who is a nominal borrower C, pay to the Defendant 30 million won and the amount at the rate of 20% per annum from December 29, 2011 to the date of full payment.”

B. As to the above judgment of the first instance court, the Plaintiff filed an appeal with Suwon District Court No. 2015Na31848, Apr. 29, 2016. After closing the pleadings on May 27, 2016, the said appellate court rendered a judgment that recognized the same facts as indicated in the separate sheet as to the sale and purchase of shares of 545.5/4,855 square meters (hereinafter “instant real estate”) owned by the Defendant, among the 4,855 square meters in Echeon-si D on May 27, 2016, and revoked the above judgment of the first instance court by rejecting the user’s tort liability under Article 756 of the Civil Act, and recognized the user’s liability under Article 24 of the Commercial Act as selectively combined, “the Plaintiff and each of the Defendant shall be 30,000,000,000 won and shall be 20% interest per annum from the next day to May 27, 2016.”

C. The Plaintiff appealed by Supreme Court Decision 2016Da27818 as to the above appellate judgment, but received a judgment dismissing the appeal on September 30, 2016.

(hereinafter referred to as the “instant lawsuit” and the said judgment of the appellate court which became final and conclusive by dismissal of an appeal is referred to as “the final and conclusive judgment of this case”) of the case involving the above 1, 2, and 3 instances.

The Defendant, according to the instant final judgment, had been distributed KRW 4,309,557 on May 16, 2018, following the procedure for compulsory auction with respect to the area of 1375 square meters, E, Jeju-si, which is owned by the Plaintiff.

[Evidence Evidence: Evidence Nos. 1 and 2, Evidence No. 3, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. The defendant's assertion is an objection.