1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates D in Daegu Suwon-gu C (hereinafter “instant D”).

B. From May 15, 2012 to May 16, 2012, the Plaintiff’s actual operator E and the Plaintiff’s employees were convicted of criminal facts with the purport that “from the instant case D, in collusion with the Defendant for fraud gambling, the Defendant would lose KRW 250,000,000, by manipulating the winning games against the Defendant who is a customer, and from May 26, 2012 to May 27, 2012, the Defendant was convicted of criminal facts that “The Defendant would lose KRW 167,180,000,000, excluding the remainder of KRW 28,070,000 collected by the Defendant by manipulating the winning games against the Defendant who is a customer”

[Ulsan District Court 2014Gohap128, 2014Gohap138, 2014Gohap155 (Consolidated), Busan High Court 2014No875, Supreme Court 2015Do10948]

From June 30, 2012 to July 1, 2012, the Defendant prepared five copies of a loan certificate of KRW 400,000,000 as of July 10, 2012, each of which was stated as the repayment date, and used in D of this case after receiving a chips equivalent to the above loan amount from the Plaintiff. From January 21, 2014 to January 22, 2014, the Defendant prepared four copies of an application form for the repayment of KRW 40,000,000 in total, which was stated as of January 24, 2014, and received from the Plaintiff, and used the chips equivalent to the above loan amount in D of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, evidence 6-2 through 5, 7, and 8 (including branch numbers; hereinafter the same shall apply), witness F, G testimony and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above KRW 440,000,000 and damages for delay as it borrowed from the Plaintiff an aggregate of KRW 440,000,000 as stated in the loan certificate and the subsequent payment application (hereinafter “the instant loan”). Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 440,00,000 and

Meanwhile, on June 29, 2012, the Plaintiff KRW 20,000 from the Plaintiff.