1. A notary public belonging to the Seoul Western District Prosecutors’ Office against the Defendant’s Plaintiff was prepared on September 15, 2014 by C.

Basic Facts

D is the actual operator of E Co., Ltd. (hereinafter referred to as “E”) in 2014, and F was the representative director of E at the time.

D around March 2013, the Plaintiff recommended the purchase of land, including Echeon-si G (hereinafter “instant land”) to the Plaintiff, and the Plaintiff recommended the purchase of the said land to the Defendant.

D On April 11, 2013, the Plaintiff, a representative of the Defendant, concluded a sales contract with the Defendant to sell the instant land in KRW 157,00,000.

The above sales contract states that D received KRW 165,00,000,000 in total, including registration tax, from the Defendant.

On October 12, 2012, the Defendant deposited KRW 139,000,00 in the H Bank account under the Defendant’s name. However, the Plaintiff sent the passbook and seal to the said account from the Defendant on April 11, 2013, and deposited KRW 139,598,307 from the said account on April 11, 2013, and deposited KRW 135,00,000 to the E I account under the name of E on the day.

On April 22, 2013, the Defendant remitted USD 39,800 to E’s account (Account Number: J). On April 29, 2013, KRW 43,901,202 transferred to E’s account under the name of E was deposited.

D failed to perform the obligation to transfer the ownership of the instant land to the Defendant, and around February 2012, F transferred the ownership of another land in Sungnam-si, Sungnam-si, instead of the instant land.

D around April 2014, the Defendant returned KRW 20,000,000 to the Defendant.

On September 15, 2014, the Plaintiff and the Defendant entrusted C with the preparation of a notarial deed of a monetary loan agreement with the content that “A notary public shall lend KRW 200,000,000 to D on April 11, 2013, and D shall pay KRW 200,000 to the Defendant by March 30, 2016, and the Plaintiff shall guarantee D’s above obligation, and shall jointly and severally pay D’s obligation,” and a notary public shall prepare and deliver a notarial deed of a monetary loan agreement with D in 2014 (hereinafter “notarial deed of this case”).

The Plaintiff, September 15, 2014, KRW 9,000,000, and February 13, 2015, to the Defendant.