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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The purport of the Defendant’s assertion of mistake is as follows.
In other words, the Defendant, along with F, sold P Apartment 5 bonds to C in the amount of KRW 145 million and received KRW 80 million as the sale price.
Of them, the Defendant paid only KRW 60 million to F, and paid only KRW 20 million to F, and he was in his custody, but C did not pay the remainder of KRW 20 million to F, thereby hindering the transfer of ownership in the above apartment complex. The Defendant was aware of the fact that C did not pay the remainder of KRW 20 million to F, and again returned KRW 20 million to C.
In the process, the Defendant issued to C a promissory note amounting to KRW 15,160,00 (i.e., the above KRW 20,000,000, after deducting the cost of KRW 4,940,000 paid by the Defendant while completing the registration of ownership transfer on two of the above apartment units, and adding the cost of KRW 1,00
Since then, upon C’s request for the payment of the face value of the said Promissory Notes, the Defendant made the said Promissory Notes notarized, which contains the intent of recognizing compulsory execution against C in order to clarify the payment thereof, and on the same day, made the said Promissory Notes a cash custody certificate for the face value of the said Promissory Notes, and made such a certification even for the said Promissory Notes
In the process of preparing the said cash custody certificate, C and the Defendant agreed to delay the face value of a promissory note from April 4, 2008 to June 29, 2008, and agreed to pay the face value of the promissory note by the due date on May 8, 2008, and the remainder KRW 15 million by June 29, 2008.
In order to reflect this, the Defendant and C state that the front side of a cash storage certificate (as stated in April 4, 2008, the due date for cash 1,5160,000 won) is “X”, and that the back side is repayment of the remainder of KRW 15,000,000,000,000,000,000,000,000 won, which was unpaid from the Defendant in return for the introduction to other persons by C.