2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

A. On March 8, 2010, the Plaintiff entered into an agreement with Nonparty C (hereinafter “Nonindicted Company”) to invest KRW 100 million in connection with D performance. Under such an investment agreement, the Plaintiff transferred KRW 30 million to the account in the name of the Defendant, the representative director of the Nonparty Company, and KRW 70 million on March 14, 2010, respectively.

B. A performance was scheduled from the end of April 2010 to the end of May 2010, but was not well-known. Around June 2010, Nonparty Company promised to guarantee the principal of KRW 110 million (including commission KRW 10 million) with the investment deposit guaranteed to the Plaintiff, and agreed to pay KRW 40 million until October 19, 2010, and KRW 70 million until December 30, 2010, respectively.

C. The Defendant remitted to the Plaintiff KRW 10 million on July 22, 2010, and KRW 10 million on July 23, 2010, respectively, and the Nonparty Company agreed to pay KRW 10 million on September 30, 2010, out of the remainder of KRW 90 million around that time, until September 30, 2010, KRW 20 million until October 31, 2010, and KRW 60 million until December 31, 2010, respectively.

On the other hand, on July 26, 2010, the Defendant prepared and delivered a performance note to the Plaintiff that “if the company outside Korea is unable to pay to the Plaintiff by December 31, 2010, the principal promises to repay the full amount thereof” (hereinafter “instant performance note”) to the effect that “if the company outside Korea is unable to pay the Plaintiff by December 31, 2010.”

E. Since then, the non-party company and the defendant did not comply with the above agreements or commitments. On February 28, 2019, the plaintiff filed a lawsuit against the defendant for interest payment from January 1, 2019, which is part of the principal amount of KRW 40 million and interest of KRW 50 million under the execution angle of this case, with the Suwon District Court Decision 2019Da509492, which became final and conclusive on November 1, 2019. The above court rendered a judgment on October 15, 2019 that "the defendant shall pay to the plaintiff 40 million won and interest of KRW 1 million per month from January 1, 2019 to the date of full payment." The above judgment became final and conclusive on November 1, 2019.

[Ground of recognition] dispute.