1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 20, 2014, under the Plaintiff’s joint and several sureties, the Defendant decided to lend KRW 50 million to C on August 4, 2014 and issued cashier’s checks of KRW 50 million on July 21, 2014.

On October 2, 2014, the Defendant decided to lend KRW 21 million to C, D, and E by depositing it into the account of F Co., Ltd. on October 31, 2014, and deposited KRW 20 million on the same day.

The Defendant loaned KRW 70 million as above to G et al. as investments in F Co., Ltd. operated by G et al.

B. On February 7, 2017, the Plaintiff: (a) made a notarial deed under a monetary loan agreement (hereinafter referred to as “notarial deed of this case”) stating that the Defendant loaned KRW 10 million to the Defendant on February 7, 2017; (b) KRW 40 million on February 7, 2017; and (c) paid KRW 20 million on July 30, 2017; and (d) paid KRW 10 million on the same day to the Defendant on July 30, 2017; and (e) made a notarial deed under a monetary loan agreement with the purport that the Defendant would have no objection even if he/she was immediately subject to compulsory execution (hereinafter referred to as “instant notarial deed”); and (e) paid KRW 10 million to the Defendant on the same day.

C. On August 11, 2017, the Plaintiff delayed the payment of the remainder of KRW 60 million, and the Defendant received a decision to commence the auction of the instant notarial deed as its executive title, and the Plaintiff deposited the instant notarial deed with the Defendant as a depositee on December 1, 2017 (i.e., the principal amount of KRW 72,871,858 (i.e., KRW 60 million delay damages amounting to KRW 9,410,958) (i.e., KRW 3,460,90 for execution expenses of KRW 60 million).

After that, the Plaintiff filed a lawsuit of objection to a claim for denial of compulsory execution based on the instant authentic deed (U.S. District Court Decision 2017Kadan15454) on the ground that the Defendant withdrawn the Defendant’s complaint against G, and G gave repayment of the investment money through the export business, and even if not, the Plaintiff filed a lawsuit of objection to the claim for refusal of compulsory execution based on the instant authentic deed (U.S. District Court Decision 2017Na15454), and the judgment accepting the Plaintiff’s claim was finalized on December 20, 2017.