1. The Plaintiff’s written document preparation document against the Defendant is based on the authentic deed of promissory notes No. 5485, 2008.

1. On October 30, 2008, the Plaintiff issued to the Defendant a promissory note of KRW 40,000,000 at face value (hereinafter “instant promissory note”) and the fact that the Plaintiff drafted a No. 5485 document from the law firm’s document to the effect that there was no dispute between the parties.

2. The parties' assertion

A. Upon the commencement of the voluntary auction on July 22, 2008 on the land and the above ground buildings owned by the Plaintiff, the Plaintiff entered the name of the Defendant, which was a broker of the above real estate. If the Defendant prepared the authentic deed of promissory notes, he suggested that he would make a demand for distribution in the above auction case as an executive title and return the dividends to the Plaintiff, and accordingly, he would issue the Promissory Notes and prepare a notarial deed accordingly. The Plaintiff asserted that there is no claim on the ground of the Promissory Notes of this case.

B. Around February 2008, the Defendant: (a) arranged an exchange contract on the Plaintiff’s 1974 square meters and the “I restaurant” located in Busan-gu Busan-gu, Busan-do; (b) at the time, E was placed at the time to pay KRW 22,00,000 to G; (c) lent KRW 22,00,000 to E upon the Plaintiff’s request; (d) lent the above exchange difference to E for the purpose of operating the above restaurant; and (e) thereafter, lent KRW 16,00,000 to E for the purpose of operating the above restaurant; and (e) issued the instant promissory note to the Defendant to guarantee the above loan obligation owed by the Plaintiff to the Defendant, and completed a notarial deed thereon, and thus, (e) claimed that the instant promissory note exists.

3. In a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact of the occurrence of the obligation by specifying the first claim, the defendant, who is the creditor, is liable to assert and prove the facts of the legal relationship.