A. On April 2015, the Plaintiff and the Defendant concluded a contract for the instant construction work with the Defendant to contract the Plaintiff for the electrical and telecommunication works (hereinafter “instant construction works”) at the time of the contract amount of KRW 2.22 billion (including value-added tax) among the instant construction works (hereinafter “instant contract”).

B. The Plaintiff and the Defendant, upon entering into the instant contract, set the contract performance guarantee amount to be paid by the Plaintiff to the Defendant as KRW 2.2 million equivalent to the Plaintiff’s construction cost, in order to secure the Plaintiff’s performance of the construction work. (2) The Plaintiff issued a promissory note in the face value of KRW 2.2 million at the place of payment (hereinafter “instant promissory note”) to the Defendant under the pretext of the said contract performance guarantee, with the Plaintiff’s issuer, issuance date on February 11, 2015, payment date on February 28, 2017, and the payment date on February 28, 2017.

3) The Plaintiff and the Defendant are notary public as to the Promissory Notes of this case, No. 555 of the No. 55 of the No. 2015, May 28, 2015 (hereinafter “instant No. notarial Deed”).

(C) The Defendant prepared and delivered the original copy of the instant construction. The Plaintiff completed the instant construction. On October 12, 2016, the Plaintiff was confirmed by the Korea Electrical Safety Corporation for pre-use, and was notified by Asan City of the suitability results in the pre-use inspection of information and communications construction projects around February 24, 2017. D. Based on the instant notarial deed, the Defendant collected the Defendant based on the instant notarial deed from Suwon District Court Decision 2018TTTT19655 on October 22, 2018 and collected KRW 129,037,923 from E Co., Ltd., which was traded by the Plaintiff on November 7, 2018.

2. Determination as to the cause of action

A. According to the above facts, the nature of the claim based on the Notarial Deed of this case is acknowledged.