1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Plaintiff’s damage claim 1) The Plaintiff borrowed KRW 100 million from D on July 2002, but fully repaid it on March 27, 2007. The Plaintiff, in collusion with D on May 1, 2007, pretended to be in collusion with D in order to avoid compulsory execution against the obligee, prepared and executed a notarial deed of debt repayment contract for the Plaintiff’s restaurant and corporeal movables, which led to the occurrence of disputes regarding the lease agreement between the Plaintiff and D, and subsequently, D performed compulsory execution against the Plaintiff’s corporeal movables, deposit claims, real estate, etc. on a non-discriminatory basis of the aforementioned false notarial deed.

3) On December 15, 2009, the Plaintiff filed a complaint against D on the charge of fraud. On February 23, 2012 at the appellate court of the instant criminal case ( Daegu District Court 2010No4573 case), D was convicted of the facts charged that “D, in collusion with the Plaintiff, by deceiving the court in such a way as to exercise the said notarial deed in a manner as would have been prepared genuinely, and conducted compulsory execution against the Plaintiff’s real estate, corporeal movables, deposit claims, etc., and obtained pecuniary benefits in the said procedure,” and D was sentenced to imprisonment for 10 months. The above judgment became final and conclusive on May 24, 2012 as the dismissal of the final judgment. Further, the Plaintiff filed a lawsuit against D with the Daegu District Court 201No26957, and sentenced D’s damages to D’s unlawful act, and the judgment of the court and the lower court 2019Do127416, Jan. 17, 2013, 2012

5. Meanwhile, D, based on the false claim of KRW 100 million against the Plaintiff, filed a civil suit against the Plaintiff as Daegu District Court 2010Gahap9287.