A. On May 22, 2008, the Defendant borrowed KRW 110,000,000 from the Plaintiff, and issued and delivered to the Plaintiff a promissory note with its face value of KRW 110,00,000,000, and with its maturity payment at sight (hereinafter “instant promissory note”). On the same day, a notary public made and issued a notarized deed as No. 4902 on the other side of the law firm in 2008 with respect to the instant promissory note as the No. 4902 on the same day.

B. Since then, the Plaintiff received a total of KRW 32,670,000 from the Defendant.

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

2. Determination:

A. According to the above facts, the Defendant, the issuer of the Promissory Notes of this case, is obligated to pay the Plaintiff, the payee, the amount of KRW 77,330,00 (i.e., KRW 110,00,000 - KRW 32,670,00) and damages for delay calculated at the rate of 15% per annum from December 8, 2017 to the date of complete payment, as the Plaintiff seeks.

B. As to this, the Defendant, in collaboration with the Plaintiff, prepared the Promissory Notes in this case and the notarial deeds based thereon to the effect that it entrusted the Plaintiff with the right of business and disposal related thereto while investing in the apartment unit for sale, and the Defendant paid a part of the money to the Plaintiff upon the failure of the investment, and the settlement with the Plaintiff was completed, thereby failing to comply with the Plaintiff’

The fact that the Defendant borrowed KRW 110,00,000 from the Plaintiff that the Promissory Notes of this case and the notarial deeds based thereon were prepared is as seen earlier. Even if the amount received from the Plaintiff as the Defendant asserted, there is no evidence to prove that the amount was settled in entirety between the Plaintiff and the Plaintiff even if it was a common investment in apartment sale.

Rather, as it appears in the purport of Gap evidence Nos. 2 through 4, Eul evidence No. 1 and all pleadings, the plaintiff is the defendant 10,000.