The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The plaintiff is the spouse of the non-party D, who is the defendant's living together, and the defendant had a relationship with the plaintiff, but the plaintiff was divorced from D.

B. On September 4, 2018, the Plaintiff issued to the Defendant a promissory note amounting to KRW 350,000,000 for face value and KRW 350,000 for a payment date (hereinafter “instant promissory note”). On the same day, the Plaintiff prepared a notarial deed containing the purport of recognizing compulsory execution.

C. On June 12, 2019, the Defendant received a claim amount of KRW 350,332,200 (the execution cost of KRW 350,000,000 for the Promissory Notes’s execution cost of KRW 332,200) with respect to “the amount equivalent to the claim amount out of the claim amount of the Plaintiff’s electric power supply claim against the Korea Electric Power Corporation” (hereinafter “instant seizure and assignment order”). The attachment and assignment order of this case was served on the Korea Electric Power Corporation on June 17, 2019.

Although the Plaintiff filed an immediate appeal against the instant attachment and assignment order, the instant attachment and assignment order was dismissed on August 27, 2019, and the instant attachment and assignment order became final and conclusive as it is.

2. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendant purchased the fourth floor F, G, and H of the building E at the time, and at the time, the Defendant borrowed KRW 700 million from the IF on September 23, 2016 (hereinafter “IF”) to raise the insufficient purchase price. On September 4, 2018, the Plaintiff and the Defendant entered into a conditional donation agreement with the Plaintiff to “only if the Defendant fully pays KRW 700 million to the Defendant for all of the loan obligations owed by IF, the Plaintiff issued the instant promissory note and made a notarial deed to secure the Plaintiff’s 350 million loan obligations against the Defendant.”

B. The above A.

The defendant is subject to the conditions set forth in the conditional donation contract.