1. Certificates drawn up on June 17, 2014 by the Defendant’s notary public against the Plaintiff, signed on June 17, 2014.

1. Basic facts

A. On May 20, 2014, the Plaintiff entered into a contract for the construction of restaurant facilities (hereinafter “instant contract”) with the Defendant on May 20, 2014 to operate the premises restaurant (hereinafter “instant restaurant”) under the Guro-gu Seoul Metropolitan Government 1st floor05, and entered into a contract with the Defendant for the construction of the said restaurant facilities (hereinafter “instant contract”) on June 20, 2014, attached the detailed statement of the installation cost, the preparation instrument statement, and the preparation instrument statement to the effect that the instant contract was accompanied by the detailed statement of the construction cost, and the down payment and the intermediate payment of KRW 40 million among the construction cost, the remainder of the construction cost, KRW 47 million, as of May 20, 2014, and the opening of the restaurant within ten days.

B. On May 20, 2014, the Plaintiff paid each of the Defendant KRW 20 million, and KRW 20 million on May 21, 2014, respectively, under the pretext of down payment and intermediate payment under the instant contract.

C. On June 17, 2014, the Plaintiff issued a promissory note with a face value of KRW 46,00,000, the date of issuance on June 17, 2014, the date of payment, the payment at sight, and the addressee’s promissory note as the Defendant. On the same day, the Plaintiff and the Defendant entrusted a notary public of a law office with the preparation of a notarial deed on the said promissory note to a notary public of a law office at this day. Accordingly, the instant promissory note was written and issued to the Defendant.

On September 5, 2014, the Defendant filed an application for a compulsory auction of real estate in relation to D apartment 633 dong 1104 and owned by the Plaintiff on the instant promissory note No. 1104, which was held by the Plaintiff, and received a decision to commence compulsory auction of real estate as Suwon District Court Gyeyang-gu E.

E. Meanwhile, the Plaintiff filed a complaint on the charge of fraud with F who entered into the instant contract on behalf of the Defendant. On January 30, 2015, the Seoul Southern District Prosecutors’ Office operated the instant restaurant for four months from June 18, 2014 to October 20, 2014, and thereafter, determined the premium as KRW 130 million, including the facilities of the said restaurant, as well as KRW 100,000,000, G transferred the said restaurant to G to operate the said restaurant.