1. The Defendant shall pay to the Plaintiff KRW 30,00,000 upon arrival of December 31, 2017, as well as the full payment with regard thereto from January 1, 2018.

1. Facts of recognition;

A. On August 19, 2008, the Plaintiff invested KRW 30,000,000 in C Co., Ltd. and allocated KRW 20,000 of shares.

B. Accordingly, the Plaintiff deposited total of KRW 30,000,000 on August 20, 2008 and August 21, 2008 to the Defendant, the representative of C Co., Ltd.

C. On June 8, 2016, the Plaintiff filed a complaint against the Defendant for fraud. On June 29, 2016, the Defendant drafted and issued to the Plaintiff a certificate of borrowing stating that “The Defendant, as the representative of the Co., Ltd., Ltd., promises to pay KRW 30,00,000,000 invested by the Plaintiff until December 31, 2017, the Plaintiff as the representative of the Co., Ltd., Ltd., promised to pay the Plaintiff KRW 30,000,000,”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay KRW 30,000,000 to the plaintiff pursuant to the above agreement, but the term of the above agreement was December 31, 2017, and the deadline has not yet arrived.

However, even though the above agreement was made on the condition that the Plaintiff did not file a complaint, the Defendant asserted that the Plaintiff did not have the effect of filing a criminal complaint against the Defendant, and refused to pay the above agreement. As such, the Defendant cannot expect the voluntary performance of the contract on December 31, 2017, which is the due date for the payment of the above agreement.

Therefore, it is recognized that the plaintiff needs to claim in advance as a lawsuit for future performance.

B. Therefore, upon arrival of December 31, 2017, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,000,000 as above agreement and delay damages at the rate of 5% per annum as stipulated by the Civil Act from January 1, 2018 to the date of full payment, which is the day following the due date.

The plaintiff claimed for the payment of damages for delay at the rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with respect to the agreed amount, but the agreed amount has not yet arrived at the due date of the claim, and the lawsuit stipulated in Article 251 of the Civil Procedure Act pursuant to the proviso of Article 3(1) of the Act on Special Cases concerning