A. Around April 7, 2003, C Co., Ltd., the representative director of which was the Plaintiff, was designated and lent KRW 70,000,000 to E Co., Ltd., the representative director of which was D (hereinafter “Nonindicted Co., Ltd”) and as of April 30, 2003.

(hereinafter above KRW 70,000,000 (hereinafter referred to as “instant loan”). B.

(1) However, if the non-party company did not repay the loan of this case even after the due date, C filed an application for provisional seizure of real estate under Changwon District Court Decision 2004Kadan1005, Changwon District Court Decision 23128, Sept. 8, 2004, which held the non-party company as the right to preserve the loan of this case, with the total amount of KRW 74,717,808, the interest and interest on the loan of this case as preserved right, and completed the provisional seizure registration (hereinafter "provisional seizure registration of this case"). < Amended by Act No. 73128, Sep. 9, 2004>

(2) In addition, the Plaintiff filed a criminal complaint against D on June 30, 2004 by acquiring the instant loan by fraud.

C. Around January 15, 2005, D and the Plaintiff agreed to provide the Plaintiff (Co., Ltd.) with the instant land as collateral at a bank and obtain a loan and repay the loan amount of KRW 90,000,000 in total. On the same day, D and the Plaintiff withdrawn the said fraudulent complaint against D.

On the other hand, upon the request of the non-party company's side on January 14, 2005, the defendant is "each of the instant notes" with the content that "payment of KRW 90,000,000 to the plaintiff by February 7, 2005."

The Plaintiff prepared and delivered the above documents. The main contents of the above documents are as follows. The Defendant: (a) in the event that the Plaintiff borrowed the building and land as collateral for the non-party company (the principal of the instant loan amounting to KRW 70,000,000, interest amounting to KRW 20,000,000; and (b) the total amounting to KRW 90,000,000,000, the non-party company did not pay the above claims.