1. The Defendant (Counterclaim Plaintiff) paid KRW 15,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 1, 2012 to October 29, 2013.

1. Basic facts

A. On April 13, 201, the Plaintiff (Counterclaim Defendant) entered into a gold-type contract with the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) entering into an agreement to pay KRW 15,000,000 as advance payment, and to pay KRW 22,50,000 as advance payment, from May 15, 201 to May 15, 201.

On April 18, 2011, the Plaintiff (Counterclaim Defendant) paid KRW 15,000,000 to the Defendant (Counterclaim Plaintiff).

B. The Defendant (Counterclaim Plaintiff) failed to produce the pertinent gold by May 15, 2011.

The Defendant, who is the husband of the Defendant (Counterclaim Plaintiff), requested the Plaintiff (Counterclaim Defendant) to pay the remainder of money necessary for the production of the gold, and the Plaintiff (Counterclaim Defendant) refused to pay the part payment to the Plaintiff. If the Plaintiff paid the part payment to the Plaintiff, the Defendant would return the part payment at the time of collection of the gold payment.

C. Accordingly, on November 29, 201, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) entered into a gold production contract with the Defendant (Counterclaim Plaintiff) to recover KRW 85,500,000 from the payment of KRW 15,000,00 by January 31, 2012. An advance payment of KRW 15,000,000 is replaced with the payment that was made on April 18, 201; an intermediate payment of KRW 33,00,000; the remainder amount of KRW 37,50,000; and the remainder amount of KRW 37,50,000,000 if the payment was not delivered by January 31, 2012, to the effect that the advance payment and intermediate payment would be recovered by February 28, 2012 (hereinafter the instant gold contract).

On November 29, 2011, the Plaintiff and the Defendant drafted a loan certificate stating that “the Defendant borrowed KRW 33,00,000,000, and the borrowed amount shall be paid until February 28, 2012, and the interest calculated at the rate of 4% per annum on the principal after the due date shall be paid” (hereinafter the instant loan certificate).

On November 30, 201, the Plaintiff remitted KRW 33,000,00 to the Defendant.