1. The certificate of notary public C office issued by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) shall have an executory power in 2014.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On February 5, 2014, the Plaintiff (Counterclaim Defendant, Plaintiff hereinafter, Plaintiff Counterclaim Plaintiff, Defendant hereinafter the Defendant) and the Defendant (Plaintiff) drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The Plaintiff shall have no interest on March 5, 2014, the payment period of KRW 5,300,000, which was due from the Defendant, shall be 2.5% per month, but if the said monetary obligation is not fulfilled, the interest shall be borrowed at a rate of 2.5% per month, and if the said obligation is not fulfilled, the said obligation shall be immediately subject to compulsory execution shall be recognized as having no objection.”

B. On January 20, 2015, on the basis of the instant notarial deed, the Defendant received the Plaintiff’s claim for insurance money against the Eastern Fire Marine Insurance Co., Ltd. under the Daegu District Court racing-related 2015TT171, and issued a seizure and collection order, and the said order reached the Plaintiff around that time.

C. The Plaintiff filed a complaint against the Defendant for a violation of the Act on the Punishment of Acts of Arranging Sexual Traffic (in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (In the Daegu District Prosecutors' Office, No. 2016-type No. 1991, hereinafter "the instant accusation case"), but the Defendant was subject to a non-prosecution disposition on May 26, 2016 (in the absence of evidence). Rather, the Plaintiff was subject to a disposition of non-prosecution disposition on the charge of committing a sexual intercourse on seven occasions from February 19, 2014 to March 16, 2014, and was subject to a disposition of suspension of indictment as a violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (sexual traffic) on two occasions around May 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 6, Eul evidence 3, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s claim against the Defendant on the instant notarial deed (hereinafter “instant obligation to return the instant advance payment”) did not have an obligation to return it for illegal consideration as follows, or has already been repaid and extinguished.