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. Facts of recognition;

A. On May 13, 1992, the Plaintiff agreed to pay the Defendant KRW 100,00,000 to the Defendant with the Defendant’s investment principal, revenue, etc. concerning the business of constructing a tourist hotel in Yong-gun, Chungcheongnam-gun, and issued and delivered to the Defendant on the same day as the date of May 13, 1992, the date of issuance, September 13, 1992, the date of September 13, 1992, the date of payment, and KRW 100,000 at face value, and on the 14th of the same month, a notary public drafted a notarial deed (hereinafter “notarial deed of this case”) stating that he will recognize the payment of the agreed amount, even if he is subject to compulsory execution with respect to the said promissory note under the 7560 of the 92-year deed of Samsung Joint Law Office.

B. The Defendant received KRW 30,00,000 from C around 1995, and KRW 3,600,000 from the Plaintiff during several times from May 201 to November 201, 2013.

C. On December 18, 2013, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff for the payment of KRW 66,400,000 remaining after deducting KRW 33,600,000 from the amount of KRW 1,00,000,000 paid by the Plaintiff, etc. (=30,000,000 won) from the amount of KRW 30,60,000,000 from the amount of KRW 1,00,000, which was paid by the Plaintiff, etc. (i.e., KRW 30,60,000). On January 7, 2014, the said court rendered the payment order for the payment order for the payment of KRW 66,40,00 to the creditor (the Plaintiff) and the amount calculated at the rate of KRW 20% per annum from the day following the delivery of the original copy of the payment order for the payment order to the day of full payment.

【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1, Gap’s evidence 4-1, 2, and Gap’s evidence 6, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff claiming repayment is limited to KRW 30,00,000,000, which was invested by the defendant in the business of constructing a tourist hotel in the Gyeongbuk-gun. Since C returned the full amount of the above investment to the defendant, it becomes the ground for applying for the payment order of this case.