1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is a director and stockholder of the instant corporation (D Co., Ltd.). The Defendant is a mortgagee who has completed the establishment registration of a neighboring mortgage on each of the instant real estate owned by the instant corporation.

The Plaintiff entered into an agreement on the return of investment funds between the Plaintiff and the instant corporation, which was in force on each of the instant real estate owned by the instant corporation, invested money in the Daisan Development Project.

Accordingly, on August 6, 2012, the Plaintiff agreed to pay the Plaintiff KRW 150 million on September 30, 2012 between the instant corporation and the instant corporation in installments on the basis of the repayment of the said investment amount, and KRW 50 million on September 30, 2012 thereafter, after the commencement of the instant real estate development project, KRW 50 million on a monthly basis, and E, etc. jointly and severally guaranteed this.

(hereinafter “instant agreement on the return of investment money.” On August 6, 2012, the Plaintiff, the instant legal entity, E, etc. drafted a notarial deed with the aforementioned content as a notary public No. 493 of the original rate deed 2012.

The Plaintiff entered into a separate agreement on the agreement for the return of the investment amount in this case with the corporation in this case on the same day, as follows, shall be paid 600 million won from the debtor D Co., Ltd., and 300 million won out of the above money shall be paid to the creditor by the creditor upon the recommendation of the creditor A on August 10, 2012, upon receiving it by the debtor from an undisclosed investor in his name until August 10, 2012, and the debtor shall pay 150 million won out of 300 million won to the creditor

As for the remaining gold 450 million won, 50 million won shall be paid 50 million won each month from two months after the commencement date of construction work on the last day of each month on nine occasions at the end of each month, the two parties will not make compulsory execution against the money stipulated in the name of debt based on the executory exemplification of the letter of cash loan loan agreement No. 493, 2012.