1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On the notarial deed written in the Plaintiff’s assertion (hereinafter “notarial deed of this case”), the Defendant stated that on March 11, 2014, the Defendant lent KRW 100 million to the Plaintiff at a fixed rate of 6% per annum of December 13, 2014, and 30% per annum of delay damages. However, on March 12, 2014, the Defendant deposited only KRW 50 million to the Plaintiff on March 12, 2014. As such, the compulsory execution based on the notarial deed of this case shall be denied only to the extent that it exceeds the amount calculated at a rate of 30% per annum from March 11, 2014 to December 13, 2014, and from the next day to December 13, 2014.

B. The defendant alleged by the defendant was promised to make a total of KRW 100 million, including earnings of KRW 50 million, when investing KRW 50 million from the plaintiff, and paid KRW 50 million to the plaintiff after preparing the notarial deed in this case between the plaintiff and the plaintiff. As such, the whole amount of KRW 100 million in the notarial deed in this case is effective.

2. In full view of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 3, and Eul evidence No. 1, the plaintiff was paid KRW 50 million from the defendant on March 11, 2014 to the defendant as investment funds for the scrap metal treatment business in Gangdong-gu Seoul Metropolitan Government, but the plaintiff was paid KRW 50 million until December 13, 2014 to the defendant as investment funds of approximately KRW 33,000,000 in the scrap metal treatment business. The plaintiff prepared a loan certificate of KRW 100,000,000 as investment funds until December 13, 2014 and prepared the notarial deed of this case on the same day. According to the above facts of recognition, the notarial deed of this case is also invalid merely because the plaintiff actually paid KRW 50,000,000 to the defendant by December 13, 2014, the remainder of the notarial deed of this case exceeding KRW 500,000,000.