1. Revocation of the first instance judgment.

2. The notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff is a law firm.

1. Determination on the main claim

A. On January 25, 2007, the Plaintiff and the Defendant: (a) borrowed KRW 55 million from the Defendant on January 25, 2007; (b) decided to repay each of the KRW 10 million up to March 31, 2007; and (c) 45 million up to May 31, 2007; and (d) when the Plaintiff delays the repayment of principal or interest, the Plaintiff shall pay damages for delay at a rate of 20% per annum; and (c) when the Plaintiff fails to immediately perform the principal and interest under this contract even once, the notarial deed was drafted to the effect that “it is recognized that there is no objection even if compulsory execution is conducted.”

B. The plaintiff's assertion 1) The plaintiff's compulsory execution based on the notarial deed of this case shall not be permitted for the following reasons. (A) The plaintiff was donated to the defendant a total of KRW 15 million on June 17, 2004 and KRW 14.6 million on August 18, 2004, and the plaintiff actually borrowed KRW 55 million on the notarial deed of this case from the defendant. Thus, the plaintiff did not establish the defendant's claim under the notarial deed of this case.

B) The instant notarial deed was prepared by stating that it was used only for the purpose shown by the Defendant to his wife, and the money loan agreement on the instant notarial deed is null and void by means of a false conspiracy. C) Even if the Plaintiff borrowed 55 million won as stated in the instant notarial deed from the Defendant, the claim based on the instant notarial deed is a promissory note gold claim, which is subject to the three-year extinctive prescription under the Bills of Exchange and Promissory Notes Act, or is a commercial bond subject to the application of five-year extinctive prescription under the Commercial

2) The Defendant asserted that the Defendant lent to the Plaintiff the amount of KRW 17.5 million on August 18, 2004, KRW 15 million on December 4, 2005, KRW 47.5 million on May 20, 2006 at interest rate of KRW 24% on a yearly basis. The Defendant drafted the instant authentic deed by failing to pay the said principal and interest on the loan. C. 1) The relevant legal principles were followed.