1. Certificates prepared on February 8, 2012 by the notary public C belonging to the Suwon District Prosecutors' Office against the plaintiff of the defendant, No. 162.

Facts of recognition

On February 8, 2012, the Plaintiff’s husband D borrowed KRW 200 million from the Defendant at the interest rate of 23% per annum, and the due date of repayment on February 7, 2013. At the time, the Plaintiff set D’s above loan obligation as the maximum amount of KRW 240 million and jointly guaranteed by the Plaintiff.

Accordingly, on February 8, 2012, the Plaintiff: (a) drafted to the Defendant a notarial deed of money loan agreement (hereinafter “instant notarial deed”) No. 162 by notary public C, a notary public’s joint office E, which belongs to the Suwon District Prosecutors’ Office (hereinafter “instant notarial deed”); and (b) completed the registration of creation of mortgage on the real estate in the attached list owned by the Plaintiff (hereinafter “instant real estate”) as indicated in the attached list No. 14498, Feb. 23, 2012, the Suwon District Court rendered as follows: (a) the registration of creation of mortgage on the real estate in the attached list owned by the Plaintiff (hereinafter “instant real estate”).

However, as D delayed repayment of the debt to the Defendant, on January 17, 2014, the Defendant applied for a voluntary auction on the instant real estate based on the foregoing right to collateral security.

(U) On September 30, 2014, the Plaintiff deposited the said money with the head of the Suwon District Court Ansan Branch of 244,049,850 won, the maximum amount of the guaranteed debt of the instant Notarial Deed, and the total of the expenses required for the said auction procedure, with the Defendant who refused to receive KRW 244,049,850 as the principal deposit.

[Reasons for Recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 and Eul evidence No. 5-2, and the purport of the whole pleadings, according to the above facts, the plaintiff prepared the Notarial Deed of this case to guarantee the payment of the loan debt of D to the defendant within the limit of KRW 240 million, and completed the registration of creation of a neighboring mortgage of this case.

However, on September 30, 2014, the Plaintiff deposited the total amount of the guaranteed debt and the expenses for compulsory execution on September 30, 2014, and thus, on the instant authentic deed against the Defendant.