1. A distribution schedule prepared on November 27, 2014 by the said court in the distribution procedure for the Suwon District Court C real estate auction case.

1. Basic facts

A. D, on July 25, 2006, issued a promissory note of KRW 50 million in face value when borrowing KRW 50 million from the Defendant, and as to the said promissory note, a notary public drafted a notarial deed to the effect that the said promissory note recognizes compulsory execution under the Code No. 320, 2006.

B. On July 26, 2006, D issued a promissory note (hereinafter “instant promissory note”) with a face value of KRW 100,000,000,000 to the Defendant, and created a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 195,00,000 to the Defendant with respect to the land owned by D in terms of the Gyeonggi-do E (hereinafter “instant real property”).

C. D borrowed a total of 670,000,000 won from the Plaintiff over several occasions, and on September 27, 2013, D created a right to collateral security with the maximum debt amount of 250,000,000 won with respect to the instant real estate to the Plaintiff.

The Defendant applied for a voluntary auction on the instant real estate, and the procedure of the voluntary auction on the instant real estate (hereinafter “instant auction procedure”) was initiated in this court C.

E. On November 27, 2014, the said auction court prepared a distribution schedule of KRW 148,769,532 to the Defendant, the creditor applying for distribution of KRW 150,000,000, from the date of distribution (hereinafter “the date of distribution of this case”). The Plaintiff appeared on the date of distribution of this case, and raised an objection against the total amount of distribution to the Defendant, and filed the instant lawsuit on December 2, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant received additional promissory note of KRW 50 million even though the loan to D was merely KRW 50 million, the Defendant applied for the distribution of KRW 150 million in total and received the distribution of KRW 100 million. Therefore, the Defendant applied for the distribution of KRW 50 million.