1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 14, 201, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) to the Defendant as of October 14, 201, which was issued on October 14, 201, with the date of payment as of the Plaintiff, the issuer, the face value of KRW 120,000,000, and the date of issuance as of October 14, 201.

B. On the same day, the Plaintiff issued to the Defendant a notarial deed of promissory notes in the purport of recognizing compulsory execution with respect to the Promissory Notes in the instant case (hereinafter “instant notarial deed”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant invested KRW 120,00,000 in the business related to the sale of the apartment in Ansan City with the introduction of D, and decided to conduct the above investment in the name of another person who is not the defendant, and received the plaintiff from D. The plaintiff was paid KRW 10,00,000 for the loan under his name, and lent the plaintiff's name in the contract related to the above business to the defendant. The defendant is the actual right holder of the contract related to the above business, who was transferred KRW 120,00,000 from the defendant, and demanded the plaintiff to issue the Promissory Notes and prepare the notarial deed of this case in order to secure that the proceeds are paid properly to the defendant through the plaintiff and deliver it properly to the defendant. Accordingly, according to the above defendant's request, the plaintiff was prepared and issued the Promissory Notes and the notarial deed of this case, and there is no claim for the cause of the Promissory Notes of this case, so compulsory execution based thereon should not be permitted.

The defendant shall, upon the request of the plaintiff, make an investment in the above business, make a profit from the above investment to the plaintiff.