1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. On December 31, 2010, the Defendant asserted that the Plaintiff purchased and entrusted the purchase of agricultural machinery from the Plaintiff, and did not pay the purchase price, the Defendant prepared a document as if the Defendant purchased the agricultural machinery and received a loan from a new bank under the guarantee of a stock company (hereinafter “foreign company”) rather than Korea (hereinafter “foreign company”) and paid part of the above agricultural machinery cost and repair cost.

However, as the Defendant did not repay the above loans to the new bank, the non-party company, the guarantor, instructed the Plaintiff to repay the loans, and subrogated the Plaintiff to KRW 43,733,951 for the Defendant’s new bank. On May 20, 2013, the credit payment, such as repair expenses and the cost of agricultural machinery parts, to be paid by the Defendant to the Plaintiff is KRW 7,367,820.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 43,733,951 and the sum of KRW 7,367,820 for credit, KRW 51,101,771 and delay damages.

2. Determination

A. 1) The defendant, as an agent of the non-party company, purchased the Track (main form: M125X; hereinafter referred to as the "Track") manufactured by the non-party company from the plaintiff, and on February 3, 2009, the defendant prepared and issued to the plaintiff a letter of debt confirmation that the Track will be liable for 49,732,600 won and will be repaid in cash by July 31, 2009.

B) On February 6, 2009, the Defendant and the Plaintiff’s representative C drafted a notarial deed of debt repayment contracts with the effect that “the Defendant approves that the amount of the Tracter purchase price was KRW 50 million from the Plaintiff on September 1, 2008, and repaid by the end of December 2010,” by a notary public on February 6, 2009, the Defendant borrowed KRW 47,800,000 from the North Korean Agricultural Cooperative on May 25, 2010 (hereinafter “North Korean Agricultural Cooperative”) under the pretext of the purchase fund of the Tracter. The Defendant borrowed KRW 47,800,000 from the North Korean Agricultural Cooperative on May 25, 2010, and farmers and fishermen.