약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning for the court's explanation of this case is as follows, except for the addition of the following "2. Additional Judgment" as to the defendant's new assertion or non-emphasizing assertion in this court, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The summary of the defendant's assertion No. 4 (Delegation Clause) was prepared for the purpose of granting only the civil and criminal authority against D to the plaintiff, and the defendant does not agree to return the investment amount of KRW 230 million to the plaintiff, but at the date of pleading of the first instance trial, the defendant stated that "at the time when the certificate No. 4 (Delegation Clause) was prepared, there was an agreement between the plaintiff and the defendant to return the investment amount of KRW 230 million" is against the truth and is revoked due to mistake.
B. 1) The court shall recognize the existence of a declaration of intent and its content according to the content of the document, unless it is acknowledged that there was an express or implied agreement different from the content of the document, where the authenticity of the relevant legal disposition document is recognized by a reflective document (see, e.g., Supreme Court Decision 97Da1013, Jan. 21, 2000). In addition, the party who revokes a confession during a trial must prove that the confession goes against the truth and is caused by mistake (see, e.g., Supreme Court Decision 2009Da8428, Feb. 11, 2010). In this case, there is no dispute between the parties as to the authenticity of the evidence No. 4 (Certificate), and even if the Defendant returned the entire statement and the purport of pleading No. 4 (Certificate), it is reasonable to view that the evidence of the first instance court and the first instance court presented by the Defendant to the Plaintiff as a whole.