1. The plaintiff's claim is dismissed.

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

Facts of recognition

The plaintiff engaged in landscaping business is not paid the construction cost after being awarded a contract with the defendant. On January 11, 2008, the plaintiff was issued a cash custody certificate stating that "the defendant will pay to the plaintiff KRW 50 million by February 26, 2008."

On January 22, 2008, the Plaintiff and the Defendant drafted a notarial deed of debt repayment contract with Cnotarial Joint Office No. 626, 2008, stating that “The Defendant bears the obligation of KRW 300 million to the Plaintiff, has already been due and has already been due and has accepted compulsory execution.”

(hereinafter referred to as the “notarial deed of this case”). Around January 2008, the Plaintiff drafted a joint agreement with the Defendant and the Defendant around January 2008, by transferring 30% of the management rights and shares of D (representative director) to the Plaintiff, and allowing the Plaintiff to hold the office of representative director of the said company.

On September 30, 2010, the Plaintiff filed a lawsuit against the Defendant for payment of KRW 50 million based on the said cash storage certificate ( Daejeon District Court 2010Kadan48018). On May 13, 2011, the said court decided to recommend reconciliation on the following grounds: “The Defendant shall pay KRW 20 million to the Plaintiff by June 12, 201.”

The above decision was confirmed as it was without objection by the plaintiff and the defendant.

On September 25, 2017, the Plaintiff applied for a payment order against the Defendant to the effect that it would seek payment of KRW 300 million according to the instant notarial deed, but the Defendant filed an objection against the payment order and implemented it as the instant lawsuit by filing an objection against the payment order, and reduced the purport of the claim by seeking only the payment of KRW 250 million out of the said KRW 300 million during the proceeding of the lawsuit.

【Ground of recognition】 Any fact without dispute, entry in Gap 1, 2, 3, and 4, and the purport of the whole pleading

A. The fact that the Plaintiff and the Defendant prepared the instant notarial deed that the Plaintiff and the Defendant shall pay KRW 300 million for construction cost, and as to KRW 50 million for the said KRW 300 million.