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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.
Reasons
1. The reasoning for the court’s explanation on this part of the Plaintiff’s claim is as stated in Articles 420 and 420 of the Civil Procedure Act, except for dismissal or addition of the judgment of the court of first instance as follows. Therefore, this part of the judgment is cited in accordance with Article 420 of the Civil Procedure Act.
[Supplementary or additional parts] Part 2, "30 million won" in Part 11 of Part 2, and "270 million won (30 million won - 30 million won)" in Part 14 of Part 2, respectively, are considered as "260 million won (=30 million won - 40 million won)".
In the last place of the second place, the issuance of the Promissory Notes in this case is either a juristic act contrary to social order or a juristic act which constitutes the crime of conflict under Article 350 of the Criminal Act or the crime of unjust enrichment under Article 349 of the Criminal Act.
In Part 5, the first instance court stated that “A complaint was filed, which is currently under the police investigation regarding the case of the above complaint,” and stated that “The plaintiff was subject to a disposition by the Director of the Daejeon District Prosecutors’ Office on August 26, 2015, to the effect that the plaintiff was suspected of having been subject to the disposition by the Director of the Daejeon District Prosecutors’ Office on August 26, 2015, and that the defendant’s appeal
Part 5, "A Nos. 1 through 5" shall be deemed to be "As. 1 through 5, 16", "As. 1 through 5" in Part 6 shall be deemed to be "As. 1 through 5, 10 through 13, and 15", and "As. 1 through 9" in Part 6 shall be deemed to be "As. 1 through 12".
Part 5, Part 6, part 6, part 7, and part 8 "A testimony of witness H and D" shall be considered as "each testimony of witness H, D, and witness I of the first instance trial".
In Part 6, “only partial testimony” in Part 8 is added to “The issuance of the Promissory Notes in this case in return for withdrawal of civil petition constitutes a crime of conflict or unjust enrichment and thus is contrary to good morals and other social order.”
On the 6th page 14, “Witness D is a person in charge of the instant case as the Defendant’s witness D.