1. The plaintiff's lawsuit shall be dismissed.

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

Facts of recognition

Around March 5, 2010, the Defendant lent KRW 220,000 to F, and on May 20, 2010, G and notary public, the agent of the Plaintiff and F, drafted a notarial deed under a monetary loan agreement (hereinafter referred to as “notarial deed of this case”) stating that “F borrowed KRW 220,000,000 from the Defendant on March 5, 2010, interest rate of KRW 220,000 per annum, interest rate of KRW 30,000 per annum, interest rate of KRW 30% per annum, interest rate of delay, and maturity of payment on April 4, 2010. The Plaintiff’s joint and several guarantee of F’s above debt, but if F and the Plaintiff fail to perform the above debt, they are aware that there is no objection even if compulsory execution was conducted.”

For the payment of KRW 220,00,000 above on December 28, 2010, the Defendant and F agreed that “F shall pay KRW 220,000,000 of the borrowed principal to the Defendant (total amount of KRW 312,00,000) each on the last day of May 30, 201 through the method of installment repayment of principal and interest during the period from May 30, 201 to 48 months, and the Defendant shall withhold all claims collection, etc. under the above contract terms as above, and if the F loses the benefit of time and does not object to the compulsory execution immediately to the F and the Plaintiff, even if it fails to perform the above matters once.”

From June 1, 2010 to November 12, 2014, F repaid to the Defendant a total of KRW 96,400,000 on twenty-six occasions.

On December 4, 2013, the Defendant, as a creditor based on the instant notarial deed, received a decision to commence compulsory auction as to the said real estate (hereinafter “instant auction”) and the procedure for compulsory auction as to the said real estate (hereinafter “instant auction”) from the Gwangju District Court C with respect to the building owned by the Plaintiff.

On the other hand, the Plaintiff and F filed a lawsuit against the Defendant by the Gwangju District Court 2015Gahap57692 with the Plaintiff as the appointed party and the F as the designated party, seeking the denial of compulsory execution based on the Notarial Deed, and the Plaintiff and F filed a lawsuit for the confirmation of the existence of the obligation.