1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 6, 2013, the Plaintiff issued to the Defendant a promissory note (hereinafter “instant promissory note”) with a face value of KRW 50,000,000 at face value, and due date as of February 20, 2014. On the same day, the Plaintiff and the Defendant entrusted with the issuance and signature of the instant promissory note, and “the Plaintiff is the holder of the issuance and signature of the instant promissory note, and there is no objection even if he/she is subject to compulsory execution if he/she delays the payment of the said note to the holder of the said note.”

B. On November 11, 2014, the Defendant applied for a compulsory auction by Goyang Branch C real estate with Goyang Branch C, based on the instant promissory note deposit claim, and received a ruling to commence the auction on November 12, 2014, and completed the registration of the entry.

C. On November 19, 2014, the Plaintiff and the Defendant drafted a written agreement (No. 7-1, hereinafter “instant agreement”) stating the following contents, etc.

On November 19, 2014, the Plaintiff paid KRW 30,000,000 to the Defendant out of KRW 50,000,000 for the said Promissory Notes, and the Defendant immediately withdraw the compulsory auction by way of the said Promissory Notes Co., Ltd., based on the said Promissory Notes Deed.

The Plaintiff confirms that the interest of KRW 26,250,000 on the said Promissory Notes amounting to KRW 50,000 until November 19, 2014 is KRW 26,250,00.

The Plaintiff shall pay KRW 20,00,000 for the payable amount and KRW 26,250,000 for the interest thereon by the end of April, 2015, and shall pay KRW 20,000 for the payable amount and KRW 20,000 for the payable amount by the end of April, 2015.

The notarial deed of a promissory note is valid as a security against the debt, until the money that the Plaintiff agreed to pay is fully paid.

In accordance with the instant agreement, the Plaintiff paid KRW 30,000,000 to the Defendant on November 19, 2014, and the Defendant withdrawn a compulsory auction by Goyang Branch C with the Goyang District Court and cancelled the registration of the entries.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, and 5 to 10 respectively.