각서금
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 reasons for this part of the facts of recognition are as stated in the corresponding part of the judgment of the court of first instance (section 4, No. 4, No. 21). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. According to the above facts finding as to the cause of the claim, the Plaintiff, J, and K (hereinafter “Plaintiff, etc.”) and the Defendant and C agreed to pay to the Plaintiff KRW 175 million out of the amount of KRW 600,000,000,000,000,000,000,000,000,000 won, excluding the loan repayment amount of KRW 80,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00 won, as the second agreement under each of the instant agreements.
B. As to the Defendant’s assertion of non-performance of the condition 1 as to the Defendant’s assertion, the Defendant asserts that the payment of the Defendant’s monetary payment to the Plaintiff under the second agreement was a condition precedenting the sale of I by October 31, 2013, and that the Defendant did not incur an obligation to pay the Defendant’s monetary payment to the Plaintiff due to the non-performance of the suspension condition, insofar as I was not sold by the said date.
However, as C obtained a loan as security for the extension of the loan against G, it was necessary for the plaintiff et al. to withdraw and cancel the auction of I, and the plaintiff et al. is expected to receive the loan easily through the sale of I.