1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On the basis of the payment order issued by the Busan District Court Branch Decision 2008Hu3762 decided September 23, 2008, the Plaintiff has the claim for indemnity amount equivalent to 15% per annum from May 15, 2008 to the delivery date of the above payment order, and 20% per annum from the next day to the day of complete payment. The Plaintiff has the claim for indemnity amount equivalent to 20% per annum for KRW 128,516,357, and KRW 127,959,007 for Non-Party Company B and Non-Party C, a joint and several surety, shareholder of Non-Party Company, auditor D and his spouse, and others.

B. The Defendant set up the following collective security (hereinafter collectively referred to as the “instant collective security” and the “instant collective security”) with respect to the G Apartment Nos. 411, 606 (hereinafter referred to as the “instant apartment”) on the parcel of land owned by Gangdong-gu Seoul, Gangdong-gu, Seoul, and one other (hereinafter referred to as the “instant apartment”).

Serial B Co., Ltd., Ltd., the amount of contract concluded as of Sep. 14, 2006 on Nov. 17, 2006, 2006, KRW 250 million,000,000,000 won as of Feb. 16, 2007, which was September 15, 2007, and KRW 150 million as of Feb. 15, 2007, KRW 470,08 million as of Aug. 17, 2007.

C. The Defendant reported the total of KRW 861,339,724 won, including the principal amount of KRW 74 billion, interest of KRW 121,339,724, as the secured debt of the instant 1 through 3-mortgage security in the Seoul Eastern District Court H Voluntary Auction Procedure (hereinafter “instant voluntary Auction Procedure”) with respect to the instant apartment, and received dividends of KRW 653,306,512 from the date of distribution opened on June 12, 2009.

The plaintiff made a demand for distribution of the claimed amount of KRW 127,50,000 as a person entitled to provisional seizure during the voluntary auction procedure of this case, but did not receive the distribution due to the lack of remaining amount

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. Each of the instant claims by the Plaintiff is invalid by means of false conspiracy or false representation.