The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 2003, the Plaintiff agreed with Defendant C to jointly manage the senior local mine D located in Gangwon-gun, Gangwon-gun.

B. On February 16, 2006, the Plaintiff asserted that Defendant C embezzled KRW 150 million out of the Plaintiff’s investment amount of KRW 350 million under the above joint management agreement, and filed a lawsuit against Defendant C seeking the return of the above embezzlement or investment amount of KRW 150 million under the Youngcheon District Court’s Young-ro 2006Gahap90 (hereinafter “instant prior suit”).

C. On October 13, 2006, Defendant C and his wife agreed with the Plaintiff during the duration of the entire suit of this case, they issued a promissory note with a face value of KRW 150 million, the payee, the Plaintiff, and the date of payment at sight (hereinafter “instant promissory note”). On the same day, the notary public prepared the authentic deed of the instant promissory note as No. 2663, 2006, with the certificate of the law firm’s General Forest Law Office as a notary public, and the Plaintiff withdrawn the instant previous suit around November 2006.

On the other hand, the Defendants issued the Promissory Notes at issue to the Plaintiff with a face value of KRW 200 million, and with respect to the said Promissory Notes, a notary public prepared a notarial deed of promissory Notes under the Code of Law Office No. 2662 on November 11, 2006, and the Plaintiff was subjected to a decision to commence compulsory auction on the real estate owned by the Defendant B on November 11, 2008 on the basis of the Code of Law Office No. 2662 on August 19, 2009. The said decision was revoked on August 19, 2009.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including each number in case of additional number), Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion Defendants are obligated to pay to the Plaintiff KRW 99 million out of the Promissory Notes of this case and interest or delay damages thereon.

On the other hand, this case.