1. Promissory notes drawn up by the Defendant’s notary public against the Plaintiff at the rate of law firm on April 28, 2008, No. 45, 2008.

1. Basic facts

A. On April 28, 2008, the Plaintiff agreed to borrow KRW 186 million from the Defendant to repay KRW 200 million as principal and interest (hereinafter “the first obligation”).

On April 28, 2008, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) on June 30, 2008, which entered as the addressee, the face value of KRW 200 million, and the due date, and on the same day, a notary public entrusted the preparation of a notarial deed to a law firm rate village, and in the event the Plaintiff delayed the payment of the instant promissory note to the Defendant under No. 45 of 2008, the said notarial deed stating the purport of recognizing that there is no objection even if the Plaintiff is immediately subject to compulsory execution (hereinafter “notarial deed of this case”).

B. On July 24, 2008, the Plaintiff remitted KRW 200 million to the Defendant and repaid all the first obligation.

On August 1, 2008, the Plaintiff received KRW 95 million from the Defendant on August 1, 2008, and KRW 100 million on August 31, 2008, and subsequently borrowed KRW 200 million from the Defendant on August 29, 2008 (hereinafter “the Plaintiff”) to the Defendant on August 31, 2008, and confirmed that the instant notarial deed is legally valid.

C. Around March 2016, the Defendant applied for a compulsory auction against the Plaintiff-owned real estate with the title of execution of the instant notarial deed in this court. On March 24, 2016, the Defendant received a decision to commence compulsory auction from this court (this court B).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in case of additional number), Eul evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Promissory Notes in this case were prepared with the primary obligation as the underlying obligation, and the primary obligation was extinguished due to the repayment, and the instant Promissory Notes cannot be changed with the underlying obligation of the Notarial Deed, whose effect has already been extinguished due to an agreement between the parties.