1. No. 118 of March 17, 2015, the Defendant’s notary public’s joint law office against the Plaintiffs, signed on March 17, 2015.

1. Basic facts

A. On February 11, 2014, Plaintiff A paid interest at 48% per annum from the Defendant, and received a promissory note subscription certificate, respectively, by issuing a promissory note with a face value of KRW 100,000,000 per annum of KRW 100,000 per annum for the Plaintiffs in order to secure the payment of money borrowed (hereinafter “the first loan”).

B. On March 17, 2015, Plaintiff A received a promissory note certificate of a face value of KRW 50 million for the issuer to secure the payment of 48% interest per annum from the Defendant (hereinafter “the second loan”) by borrowing money from the Defendant (hereinafter “instant second loan”).

(No. 118, 2015, No. 118, 2015, hereinafter referred to as "notarial deeds of promissory notes in this case").

On October 24, 2016, the Defendant: (a) received a decision to commence compulsory sale of the Plaintiffs’ real estate from the Seoul Western District Court (E); (b) received a seizure and collection order from Sungnam Branch Branch Branch of Suwon District Court as the Plaintiff A on November 2, 2016; (c) received a seizure and collection order from the Defendant as the Plaintiff (2016TT 10127); and (d) around January 3, 2017, issued a seizure and collection order from the same court as the Plaintiff B as the Defendant.

(2016 Doz.1288) d.

Plaintiff

A repaid at least KRW 247,800,000 to the Defendant from April 18, 2015 to November 22, 2016, as stated in the attached Table of Appropriation of Obligation, and the Defendant voluntarily withdrawn the application for compulsory auction as stated in the said Paragraph (3) from November 22, 2016 to receive KRW 133,200,000.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-1 to 2-1, 4-1 to 5 of evidence of Nos. 4-1, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s first loan of this case is KRW 90 million, and the second loan of this case is KRW 40 million, and the second loan of this case is KRW 40 million, and Plaintiff A’s repayment until November 22, 2016. The second loan of this case secured by the notarial deed of this case.