The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The court's explanation of this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Supplement of judgment

A. The Plaintiff asserts that the Plaintiff’s obligation to pay the remainder of KRW 60 million under the instant exchange agreement and the instant agreement was to obtain a loan to the Defendant with real estate owned by the Defendant as collateral, and that the obligation to pay the remainder of KRW 3,4, and 5 million was not paid until the due date is not paid because the Defendant did not cooperate with the secured loan. Thus, the Plaintiff asserts that the nonperformance is not due to the Plaintiff’s obligation.

B. Therefore, according to the facts found by the health team, basic facts, and evidence Nos. 11, 14, 15, and 16, and the witness E and witness D of the first instance trial, the following circumstances are revealed.

(1) The obligation to pay the remainder of KRW 60 million to be borne by the Plaintiff through the instant agreement is not assessed to repay the amount of KRW 100 million out of the secured debt of KRW 3,4,5 real estate before the instant exchange agreement, and thus, pursuant to the instant agreement entered into by the Defendant for settlement.

(2) The instant agreement states that the Plaintiff shall pay KRW 40 million out of KRW 100,000 to the Defendant, and that the remainder of KRW 60,000 is liable for the remainder of KRW 60,000,000 to the bank loan.”

(3) The reasons indicated in the instant liability clause are as follows: (a) the Defendant’s repayment of KRW 100 million out of the secured debt of KRW 3,4,5 real estate prior to the instant exchange contract was not properly notified to the Plaintiff by the Plaintiff, and thus, he/she would be held liable to E for the fact that the content was not reflected in the instant exchange contract; and (b) E himself/herself would be entitled to a bank transfer and a secured loan.

(4) However, a financial institution shall provide Nos. 4 and 4.