A. Defendant B’s debt burden 1) On July 16, 2014, Defendant B prepared and executed a notarial deed stating that “Defendant B borrowed KRW 110,00,000 from the Plaintiff on July 16, 2014, the notary public newly established by the law firm, and that the Plaintiff will fully repay the amount to the Plaintiff until September 16, 2014, and that there is no objection even if Defendant B is immediately subject to compulsory execution (hereinafter “instant notarial deed”), and the debt based on the instant notarial deed is “the instant debt” as “the instant debt”).

(2) The Plaintiff collected KRW 2,053,348 on December 1, 2015 in the compulsory execution procedure based on the instant notarial deed, and received dividends of KRW 539,120 on January 14, 2016. Defendant B deposited KRW 8,826,853 on April 28, 2016, which was pending in the instant lawsuit, with the amount of KRW 151 as the deposit account for the Plaintiff as the principal of the deposit in April 28, 2016. The Plaintiff deposited KRW 8,826,853, which was calculated as the balance of the instant obligation. The Plaintiff expressed its intent of reservation and received the said deposit.

B. On March 11, 2015, Defendant B filed a lawsuit of demurrer against the Plaintiff as Seoul Central District Court No. 2015Da43972, Mar. 11, 2015; the same court concluded the pleadings on May 14, 2015; and rendered a judgment against Defendant B on August 20, 2015. Accordingly, Defendant B withdrawn an appeal on November 25, 2015 (Seoul Central District Court 2015Na490), and the said judgment became final and conclusive on September 10, 2015; Defendant B filed a lawsuit of demurrer against the Plaintiff as the Seoul Central District Court No. 2016Ga5428, Apr. 29, 2016; and Defendant B rejected Defendant B’s claim against the Plaintiff for compulsory execution on the same date.

Accordingly, Defendant B filed an appeal with the Seoul Central District Court No. 2016Na79108, which is the same.