Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Facts of recognition

A. The Defendant is a company aimed at the construction business, building houses, and housing site sales business, and C was registered as the representative director of the said company from October 30 to March 10, 2014 as the actual operator of the Defendant and D Co., Ltd. (hereinafter “D”).

B. On April 2, 2012, the Plaintiff borrowed 400 million won interest rate C at 10% per annum and at 3 months after the date of the loan (hereinafter “instant loan”). From D, the Plaintiff was issued a written offer for the first floor of 20 square meters (tentatively named) of E and 10 square meters (tentatively named complex) and a certificate of complete payment of 400 million won for the said commercial loan offer.

C. C’s failure to repay the instant loan to the Plaintiff. On November 4, 2016, the Plaintiff and the Defendant drafted a confirmation of the following facts (hereinafter “first fact confirmation”). On May 6, 2013, the Defendant received an offer from the Plaintiff for KRW 20 billion at KRW 40 million when D (the representative director C at that time) obtained a license for the construction of a main apartment complex in E-si, Hanam-si. At present, the Defendant was seeking reimbursement of KRW 100 million for KRW 40 million. At present, the construction permit for the main apartment is revoked on April 28, 2015, and the integrated deliberation (construction, traffic) on October 28, 2016. Accordingly, it is confirmed that the Plaintiff and the Defendant should pay KRW 560,000,000 per annum to the Plaintiff with interest of KRW 100,000 per annum 10,000,000 per annum 40,000,000 witness evidence 14.