1. Certificates No. 59, 2014, drawn up by the Defendant’s notary public against the Plaintiff on January 14, 2014.

1. Basic facts

A. On January 14, 2014, the Plaintiff and Nonparty D Co., Ltd. (hereinafter “D”) issued to the Defendant a promissory note (hereinafter “instant promissory note”) with the Plaintiff, D, and face value: 150,000,000 won, and due date: “The Promissory note was issued at sight” (hereinafter “instant promissory note”). On the same day, the instant promissory note was written on the commission of the Plaintiff, D, and the Defendant.

B. On April 8, 2013, the Defendant remitted KRW 50,000,00 to the deposit account in the name of G, the representative of the Plaintiff, and on March 5, 2014, the Plaintiff remitted KRW 50,000,000 to the deposit account in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant decided to jointly invest in real estate auction in early 2013, and accordingly, the Plaintiff was paid KRW 50,000,000 from the Defendant on April 8, 2013.

The Promissory Notes and Notarial Deed were prepared in order to secure the above investment amounting to KRW 50,000,000, and thereafter, the Plaintiff paid KRW 50,000 to the Defendant on March 5, 2014, and all the underlying claims of the Promissory Notes were extinguished.

Although the Promissory Notes in this case indicate the face value of KRW 150,000,000, this is merely a statement of the amount necessary for the re-auction of real estate awarded by the Plaintiff for convenience.

Therefore, compulsory execution based on the Notarial Deed of this case should not be permitted.

B. The Defendant’s assertion that the Plaintiff, upon investing KRW 50,000,000 in the early 2013 Police Officer, made a high profit by an auction investment. At the end of 2013, the Plaintiff agreed to pay KRW 100,000 to KRW 150,000,000 including the principal of the investment, including the principal of the investment. Accordingly, on April 8, 2013, the Defendant agreed to pay KRW 50,00,000 to the Plaintiff as the investment deposit.