1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution of 2015 Chicago10, this Court shall take September 22, 2015.

Basic Facts

A. On January 27, 2015, the Defendant: (a) entrusted a notary public of the Daejeon District Public Prosecutor’s Office, who belongs to the Daejeon District Public Prosecutor’s Office, with the Plaintiff’s agent and the obligee (as assignee), with the preparation of a notarial deed of a performance contract for an obligation by means of transfer; and (b) C, who became the Defendant on the same day, prepared a notarial deed of a performance contract for obligation by means of transfer as follows:

(No. 520 of the deed of 2015; hereinafter “notarial deed of this case”). Article 1 (Loan) Obligor (Transferee) offered to the creditor to repay KRW 56,00,000 as of January 27, 2015, the Plaintiff bears to the creditor (as of January 27, 2015) pursuant to any of the following provisions, and the creditor accepted it:

Article 2 (Period and Method of Performance) was set on September 24, 2014.

Article 3 (Interest) Interest rate was set at 24% per annum and paid on the 24th day of each month.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay in accordance with the ratio of 24% per annum to the delayed principal or interest.

Article 9 (Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately even through compulsory execution.

Article 10 (Transfer for Security) The obligor transferred the object indicated in the [Attachment] List (hereinafter referred to as the “property transferred for security”) to the obligee by means of possession revision for the purpose of securing the performance of the above obligation, and the obligee acquired it by transfer.

If an obligor under Article 15 fails to perform his/her obligation, the obligee may immediately dispose of the property transferred for security in an appropriate manner, and appropriate the amount so converted to the repayment of the obligation.

However, if the realization money falls short of the repayment of the obligation, it may be demanded to the obligor, and if there is a balance, it shall be returned to the obligor.