1. The Defendant’s KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from February 4, 2007 to September 12, 2014.

1. Basic facts

A. The Plaintiff was issued, from the Defendant, a promissory note with a face value of KRW 50 million, and the issue date of February 3, 2004, indicated respectively as the Defendant and the Defendant’s seal impression affixed thereon (hereinafter “instant promissory note”).

B. At the time, the Defendant, along with the Promissory Notes, delivered to the Plaintiff a letter of delegation on the preparation of a certificate of seal imprint and a notarial deed affixed by the Defendant.

C. Meanwhile, around early 2003-2004, the Plaintiff filed a criminal charge against the Defendant as a crime of fraud, but the Defendant was subject to a disposition of non-guilty suspicion.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff made an investment of KRW 45 million upon the Defendant’s recommendation, but failed to recover it, and thereby filed a criminal complaint against the Defendant as a crime of fraud. The Plaintiff agreed to receive KRW 50 million from the Defendant and agreed to receive the Promissory Notes and received the said Promissory Notes and withdrawn the said criminal complaint. As such, the Defendant is obligated to pay the Plaintiff the said agreed amount to KRW 50 million and damages for delay. (2) Although the Defendant was subject to bankruptcy and immunity, the Plaintiff did not include the Plaintiff’s claim in the creditors’ list in bad faith, the effect of immunity does not extend to the Plaintiff.

B. The gist of the Defendant’s assertion 1) The Defendant issued the instant promissory note at the Plaintiff’s request, even though there was no debt relationship with the Plaintiff, and even if not, the Plaintiff’s claim was extinguished by prescription. 2) Even if the Plaintiff’s claim exists, the Defendant was exempted from the Defendant’s liability on the ground that the Defendant was declared bankrupt and exempted from immunity.

3. Determination

A. If the obligor delivers a promissory note to the obligee for the purpose of securing the performance of the obligation, such promissory note shall be payable in the performance of the obligation.