1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. C (the Plaintiff’s punishment), E, and D borrowed a total of KRW 166 million from the Defendant from April 20, 2012 to June 18, 2012.

On the other hand, on April 20, 2012, C and E set up a mortgage (the maximum debt amount: 125 million won) against the Defendant as a collateral with the lending of money from the Defendant during the chain period owned by the life industry as collateral.

B. C, E, and D were prosecuted in the Gwangju District Court for fraud to the effect that deceiving the Defendant and deceiving the Defendant the above KRW 166 million from the Defendant.

(hereinafter referred to as the “instant criminal trial”) a criminal trial after prosecution.

On July 20, 2016, the Defendant drafted a notarial deed (No. 510, 2016, No. 510, hereinafter “notarial deed of this case”) with the Plaintiff and C, stating that “the Defendant lent KRW 161,00,000 to C, and the Plaintiff jointly and severally guaranteed the said loan.”

The Defendant, together with C and D on the same day, drafted a notarized statement of monetary loan agreement [No. 511 of 2016 by a notary public] stating that “the Defendant lent KRW 139,00,000 to C and the said loan is jointly guaranteed by D” (No. 511 of 2016).

E. As a result of the above criminal trial, C was sentenced to imprisonment with prison labor for one year at the first instance trial on August 11, 2016 (Seoul District Court 2015Dadan868), and C appealed appealed and was sentenced to imprisonment for eight months at the appellate trial on November 15, 2016.

(Ground of recognition) Facts without dispute, Gap evidence 1, Eul evidence 1, 2 and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings and arguments

2. The assertion and judgment

A. As to the assertion that there is no debt borrowed under the notarial deed of this case, the Plaintiff’s assertion C is sentenced to a sentence in the above criminal trial, even though it did not have borrowed KRW 161 million to the Defendant.