1. B Co., Ltd. shall not exceed the limit of KRW 2,600,000,000,000, which was paid by the Defendant around July 23, 2010, to KRW 727,367,134.

1. Basic facts

A. B (hereinafter “B”) on June 26, 2006, borrowed KRW 1,680,000,000 from the Korea Highway Mutual Savings Bank on September 26, 2006 on the condition of 23% per annum on September 26, 2006, interest rate of KRW 12% per annum and delay damages rate of KRW 23% per annum.

However, on May 25, 2007, the Korea Venture Savings Bank was decided as an insolvent financial institution and was subject to the disposition of cancellation of business license by the Financial Supervisory Commission, and the above loan claims were transferred to the Plaintiff (former Homan Mutual Savings Bank) according to the decision of contract transfer under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and the above decision was announced on May 25, 2007 and on May 30, 2007, respectively.

B. Meanwhile, the rehabilitation procedure was commenced on January 21, 2008 with respect to B, and the decision to discontinue the rehabilitation procedure became final and conclusive on July 17, 2009 with respect to creditors’ objection. B, around July 23, 2010 after the decision to discontinue the rehabilitation procedure became final and conclusive, written a letter of payment with the intent to pay KRW 2,610,000 to the Defendant by August 6, 2010 (hereinafter “instant payment note”), and written a notarized deed as of August 3, 2010 with the content that recognizes the existence of no objection even if compulsory execution is not made (hereinafter “notarial deed of this case”).

C. On August 12, 2010, the Defendant issued a collection order for the amount until it reaches the KRW 2,610,870,120 (the amount added to the amount on the payment note of this case) among the claims against MM development Co., Ltd. (hereinafter “MM development”) by the Jeonju District Court 2010 TaT7565 on August 12, 2010.

The Defendant deposited KRW 1,401,418,415 of the debt repayment amount to B, and participated in the distribution based on the above debt seizure and collection order. As a result, the distribution schedule was prepared to receive KRW 1,063,638,422 in the order of September 30, 2010.