1. The part against Defendant C among the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant C and the defendant.

1. Basic facts

A. On November 28, 2007, the Plaintiff agreed to pay KRW 200 million out of KRW 400 million to the Defendant Company B (hereinafter “Defendant Company”) and to receive KRW 0.3% of the sales commission from D.

B. The Plaintiff transferred KRW 200,000 to D’s account on December 6, 2007 under the above agreement, and D transferred the said money to Defendant C’s account on the same day.

C. However, the Defendant Company did not properly proceed with the sales business of the Defendant Company, and on April 1, 201, the Defendant Company prepared and sent to the Plaintiff a letter of performance of consultation (hereinafter “instant letter”) with the following content.

400 million won (400,000,000 won) for consultation implementation note

1. The above amount shall be the amount of 200 million won investment in the defendant company as a performance bond related to the sale of buildings in units, which was agreed to compensate for 200 million won as compensation because the date has not run smoothly.

2. Where the above amount is to be compensated until December 30, 2011 and the date is smoothly promoted, each statement of B representative director C [based on recognition] of the absence of dispute, Gap Nos. 1, 3, and 4 (including each serial number; hereinafter the same shall apply), and the purport of the whole pleadings;

2. The assertion and judgment

A. 1) According to the above facts of recognition, the defendant company is obligated to pay 400 million won and damages for delay to the plaintiff pursuant to the letter of this case, barring any special circumstance. 2) Accordingly, the defendant company asserts to the effect that the claim for monetary payment against the defendant company under the letter of this case against the plaintiff company was extinguished by prescription, even though the five-year extinctive prescription period under the Commercial Act expires.

In this case, the fact that the maturity period of the monetary payment claim under the letter of this case was December 30, 201 is the same as mentioned above, and the lawsuit in this case is five years, which is the extinctive prescription period of the commercial claim.