1. The Defendant: (a) KRW 1,360,00,000 for the Plaintiff and 5% per annum from December 3, 2014 to January 10, 2017.

1. Basic facts

A. On December 3, 2014, the Plaintiff borrowed KRW 2 billion from C, the Defendant’s birth, at the interest rate of 12% per annum, 18% per annum, 18% per annum, and due date of repayment on December 2, 2015, and the Defendant and D jointly and severally guaranteed the above loan obligation.

B. On December 2, 2014, the Defendant received KRW 2 billion from C to the Defendant’s E bank account (F) and withdrawn KRW 2 billion as a check on December 3, 2014. Of them, the Defendant delivered KRW 6.4 billion to the Plaintiff, and the remainder KRW 1.36 billion was deposited into the said account again.

C. On December 12, 2014, the Plaintiff borrowed additional KRW 500 million from C, and the Defendant and D jointly and severally guaranteed the above loan obligation. On December 11, 2014, the Defendant received the above loan amount of KRW 500 million from C to the Defendant E bank account at the same time, and delivered it to the Plaintiff on the same day.

On August 28, 2015, the defendant was first used in order to lose the recognition function.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 11, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant delivered only KRW 640,000,000,000 to the Plaintiff, out of KRW 2 billion of the loan 2 billion from the Plaintiff C, to the Plaintiff. The remainder of KRW 1.360,000,000 to the Defendant’s bank account was voluntarily consumed.

Therefore, the defendant is obligated to pay the plaintiff's damage 1.36 billion won and damages for delay due to the above embezzlement to the plaintiff.

B. The Defendant paid 2 billion won to the Plaintiff, which was remitted from Defendant C on December 2, 2014.

On December 4, 2014, the Plaintiff drafted a receipt stating that “A regularly received KRW 2 billion from C” was also a receipt.

3. We examine whether the Defendant paid the remainder of KRW 1.36 billion to the Plaintiff, in addition to KRW 640,000,000 paid to the Plaintiff out of KRW 2 billion remitted by C.

The plaintiff's seal affixed to the Doctrine, Gap's No. 7 receipt, and the above receipt shall be the plaintiff.