1. The part regarding the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's main claim is dismissed.

3...

1. Basic facts

A. On September 25, 2003, the deceased B (the co-defendant of the first instance trial but the deceased died during the lawsuit; hereinafter “the deceased”) borrowed KRW 100 million as the operating fund of H Co., Ltd. (hereinafter “H”) operated by the deceased from the Plaintiff on September 25, 2003 as the due date for repayment of KRW 100 million and the interest rate of KRW 1.5%.

B. After that, the Defendant, his father, issued a certificate of the personal seal impression and sent it to the Deceased with the power of attorney. On December 26, 2006, the Plaintiff, with the power of attorney attached with the certificate of the personal seal impression issued by the Deceased, entrusted the Defendant with the preparation of a notarial deed as to the face value of KRW 30 million and the due date of payment, and two promissory notes as of May 31, 2007 (hereinafter “the Promissory Notes”) as the Defendant’s representative, and the notary public completed the notarial deed at the law firm Song-dong Law Office with No. 2108 and No. 2109 of the 2006 Certificate.

C. On May 31, 2007, the Plaintiff was unable to receive a loan, and on June 4, 2007, upon receipt of a decision on provisional seizure of real estate (Seoul Eastern District Court 2007Kadan5467), the provisional seizure was completed on June 4, 2007, and on April 7, 201, the provisional seizure was implemented as the provisional seizure upon receipt of a decision on the compulsory commencement of sale of real estate (Cheongju District Court 2007Kadan5467), with the share of 843/372, which is owned by the Defendant, and the share of 580/321, which is owned by the Defendant, from among the share of 3,372 square meters in Jari-gun Mari-gun 3,372 square meters, and on April 7, 2010.

On July 8, 2010, the Deceased paid to the Plaintiff KRW 20 million up to October 30, 2010, and KRW 10 million up to December 30, 201 of the same year, and prepared a letter of performance (Evidence (Evidence (Evidence (A)) stating that the repayment of the balance will be made later, and the Plaintiff was ordered to the Plaintiff. On July 5, 2010, the Plaintiff voluntarily withdrawn the application for a compulsory auction. On December 3, 2010, the registration of provisional attachment was revoked on the 10th of the same month upon filing an application for the revocation of the execution of provisional attachment on the shares in Jwon. On January 28, 2011, the provisional attachment was revoked on the 10th of the same month upon filing an application for the revocation of provisional attachment on the shares in Jwon.