1. The defendant's certificate of preparation of C Office by a notary public against the plaintiff is based on an executory deed No. 1395 of 2012.

Basic Facts

The Plaintiff is a person who operates a golf club located in Gyeonggi-gu D (hereinafter referred to as “instant golf driving range”), and the Defendant is a person who runs a construction business with the trade name “F,” and Nonparty G is a mother of the Defendant and is registered as a business operator of F.

On May 20, 2012, the Plaintiff entered into a contract for the construction of the instant golf practice range (hereinafter “instant contract for construction”) with the Defendant to contract the construction cost of KRW 374,90,000.

On July 27, 2012, the Plaintiff entered into an additional construction contract (hereinafter “instant additional construction contract”) with the Defendant for the construction cost of KRW 60,000,000,00 of the construction cost in addition to the matters included in the instant construction contract.

On the other hand, the Plaintiff respectively borrowed KRW 10,00,000 from the Defendant, KRW 8,000,000 on May 4, 2012, KRW 5,000,00 on June 15, 2012, and KRW 100,000 on June 18, 2012, and KRW 113,00,000 on a total.

By August 20, 2012, the Plaintiff paid only KRW 201,500,000 to the Defendant with the construction cost and the refund of each of the above loans under the instant construction contract.

around that time, the Defendant urged the Plaintiff to return the unpaid construction cost under the instant construction contract, the construction cost under the instant additional construction contract, and the principal and interest of each of the above loans. Accordingly, on August 27, 2012, the Plaintiff and the Defendant agreed to: (a) the sum of the construction cost not paid under the instant construction contract, the construction cost under the instant additional construction contract, and the principal and interest of each of the above loans shall be KRW 400,000; (b) the amount shall be divided into KRW 200,000,000 on September 30, 2012; and (c) the Plaintiff shall be paid KRW 20,000,000 on October 31, 2012; and (d) on the same day, the Plaintiff borrowed KRW 40,000,000 to the Plaintiff on August 27, 2012, and the Plaintiff shall be repaid on September 30, 200, 2000.