The judgment of the first instance shall be modified as follows:

A notary public of the defendant against the plaintiff is to make C Law Firm.

1. On April 2, 2014, upon the commission of the Plaintiff and the Defendant, a notary public of the basic facts set up a notarial deed of a monetary loan agreement No. 329 of the following contents (hereinafter “notarial deed of this case”).

On March 25, 2014, the Defendant lent KRW 32,000,00 to the Plaintiff.

The Plaintiff shall pay the Defendant KRW 300,000,000 each month from April 20, 2014 to March 20, 2015, KRW 500,000 each month from April 20, 2015 to November 20, 2019, and KRW 400,000 each month from April 20, 2015 to December 20, 2019.

When the plaintiff fails to perform his/her obligation under this contract, it is recognized that there is no objection even if compulsory execution is conducted immediately.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendant living together with the same-sex during the period from 2001 to 2014.

The Plaintiff demanded the Defendant to prepare a notarial deed of this case, and if the Defendant refuses the Defendant’s demand, the Plaintiff threatened the Defendant to know that he is the same-sex.

As such, the notarial deed of this case is made according to the Defendant’s coercion, even though there is no obligation, or is null and void by means of a false declaration of intent in collusion.

Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.

B. On March 22, 2016, the conjunctive assertion made an oral agreement between the Defendant and the Defendant that if the Plaintiff pays KRW 5,000,000 to the Defendant, the remainder of the instant notarial deed would be non-existent. On the same day, the Plaintiff paid KRW 5,00,000 to the Defendant.

Therefore, all obligations of the notarial deed of this case were extinguished, and compulsory execution based on the notarial deed of this case should be denied.

3. Determination

A. All the evidence presented in the instant case was examined as to the main argument, but the instant notarial deed was forced by the Defendant.