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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. D on November 30, 2003, in its own name, leased KRW 50 million to C on May 30, 2004 and at 2% (3% per annum) per interest month (the following agreements related to the above loans were reached in the name of E), and the Plaintiff provided joint and several sureties for the above loan obligations.
B. However, as C did not repay the above borrowed amount, E filed a lawsuit seeking payment of the above loan amounting to KRW 50 million and its delay damages against the Plaintiff and C (No. 2004Gadan36161) and filed a provisional seizure of real estate (No. 2004Kadan5718).
C. C and C’s wife: on August 20, 2005, on August 20, 2005, the F prepared and sent to E a non-liability statement with the following content of the loan claim:
(hereinafter referred to as “instant first agreement”). The amount of KRW 185,300,000 for non-performance of responsibility is 185,300,000 for non-performance of responsibility.
1. On August 20, 2005, the above amount is the amount of litigation, pending proceedings, etc. and other charges.
2. The length of reduction of 85 million won out of the above amount;
3. The above amount shall be the 300,000 won per month in installments.
4. Withdrawal shall be made by mutual agreement with respect to the above three cases in relation to the cases pending at the seat of the District Court of Kubu District Nos. 2004Ga36161, 2004Gadan33278, G, etc.
5. The repayment key shall be 185,300,000 won in full when the above repayment is overdue for not less than three months;
In the above case No. 2004Gadan36161, Mar. 21, 2006 (the closing date of pleadings is February 13, 2006) the District Court dismissed the lawsuit against E on the ground that there was an agreement on the withdrawal of the lawsuit in accordance with the first agreement of this case, and as to the plaintiff, the District Court ordered E to pay the amount of KRW 50 million and its 3% per month from December 1, 2003 to the date of full payment."
A. The judgment became final and conclusive around that time.
E. On the other hand, C, F, and E are not more than the agreement of February 7, 2006 as follows.