약정금
1. The portion of the judgment of the court of first instance against the defendant exceeding the money ordered to be paid below.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following dismissals or additions, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.Nos. 6 to 7, 16, 7, and 8, respectively, of the first instance judgment, to be dismissed or added are as follows:
B. The plaintiff's claim against the defendant is without merit in the following respect.
1. Claim for damages based on the second performance note of this case (hereinafter “instant second performance note”) was prepared by the Plaintiff to request that it be necessary to secure his obligation to J. At the time, the Plaintiff and the Defendant set the Plaintiff’s adjustment of the printing plant on the Plaintiff’s loyalty, taking into account that the Plaintiff’s above obligation incurred while relianceing on the printing plant separately operated from the factory of this case. Since the Plaintiff continued to operate the printing plant, the Plaintiff’s operation of the printing plant is not effective, and the conditions are not fulfilled.
Even if the Plaintiff did not have a debt to J, the Plaintiff shall make a false statement of debt, and the Defendant shall receive the second written statement of performance from the Defendant, and the Defendant revoked the second written statement of performance as an expression of intent by fraud through the legal brief dated October 24, 2016.
② The second performance of the instant case was prepared to secure the obligation owed by the Plaintiff to J, a bondholder, and the exercise of the right by the Plaintiff, a primary debtor, to the Defendant, a surety, is in violation of the principle of good faith.
③ Unlike the language and text of Paragraph (2) of the second letter of performance, the Plaintiff and the Defendant made an oral agreement that only the sales amount of KRW 3-40 million was paid. The Defendant paid the said agreed sales amount for one year, which is the contract term stipulated in Paragraph (4) of the said letter of performance.
④ The Defendant is the second party of this case.