약정금
1. The part of the first instance judgment against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
1. The plaintiff filed a claim of this case on December 23, 2003 in accordance with the performance note (Evidence A No. 1). In full view of the purport of the entire pleadings as to the statement of Evidence No. 1, it can be acknowledged that the defendants and D agreed on December 23, 2003 that the plaintiff shall be liable for payment of KRW 20 million in total, in addition to the household check No. 4 of December 5, 2003, whose household check No. 4 of December 5, 2003, which is the date of payment, to the plaintiff on December 23, 2003.
Therefore, the Defendants are jointly and severally liable to pay the said KRW 20 million to the Plaintiff, except in extenuating circumstances.
2. The Defendants asserted as to the Defendants’ assertion: (a) on August 5, 2004, the Plaintiff and Defendant B, together with the loan claims of KRW 20 million and KRW 20 million against Defendant B, set up a notarial deed of a loan for consumption; and (b) waived the Defendant’s claim for the repayment of a loan on the said letter of performance.
In light of the following circumstances, in light of the evidence Nos. 2, 2, 3-1, 2, 2, and 4 of the evidence Nos. 3-1, 3-2, 2, and 4, the Plaintiff’s assertion is reasonable to deem that the Plaintiff renounced the existing Defendants’ claim for the payment of the amount of the loan of KRW 40 million on August 5, 2004 when the Plaintiff newly obtains the loan claim of KRW 40 million due to the preparation of the notarial deed of the loan for consumption contract as a whole.
① On June 1, 2004, Defendant B collected the said promissory note from the Plaintiff on February 12, 2004 at the Plaintiff’s request to change the payment date of the promissory note, which was the date of February 17, 2004, which was the date of the Plaintiff’s issuance, and received a written complaint to the Plaintiff on February 12, 2004, that the Plaintiff fleded that it was delivered to the Plaintiff and committed fraud. In the process of the investigation into the instant case, the Plaintiff and B drafted the said authentic deed on August 5, 2004, and thereafter, on August 25, 2004, the disposition was taken without suspicion (defluence of evidence) regarding the said case.