The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Basic Facts

The defendant started the new construction work of the apartment of this case on October 9, 2007, as a company that runs the new construction and sale business (hereinafter "the execution business of this case") of the C apartment of 135 households (1 complex 95 households, 2 complex 40 households) in total (40 households) of Gangseo-si and 2 lots of land (hereinafter "the apartment of this case").

From January 23, 2007 to April 10, 2008, the Plaintiff lent money to the Defendant several times for the purpose of funding the instant enforcement project.

On April 10, 2008, the Defendant drafted a letter of performance of the obligation (No. 2-1 of the evidence A; hereinafter “instant letter of performance”) with the content that the Plaintiff would settle the principal and interest of the said loan obligation as KRW 2.792.5 million, and would pay the said principal and interest to the Plaintiff. As to this, on April 15, 2008, the Defendant was certified as a notary public’s office, etc. No. 1269 on April 15, 2008 as a notary public’s office, etc., and the main content are as follows.

Real estate indication: 40 households and 10 households in the instant apartment complex and 50 households in total, and 10 households in the commercial building: 2.79 billion won and 2.5 million won in the instant apartment complex: the Defendant

1. (1) The Defendant notarized 2 complex 40 households, 10 households, 50 households, and 1 commercial buildings, respectively, to the Plaintiff, and the said loan amount shall also be notarized.

② On May 30, 2008, the Defendant repaid KRW 512.50 million to the Plaintiff, and repaid KRW 2.02 billion on July 7, 2008, and repaid KRW 56 million on August 7, 2008.

(3) The defendant is responsible as of June 2008 and completed the apartment with the indication of the above real estate so as to jointly manage the apartment units and to redeem the debt by settling accounts on the basis of 30 days.

2. The above ① (B) if the contents of the ② ② are not observed, the Defendant shall raise a civil or criminal objection against the payment to the issuing bank of the Red forest C&C securities held by the Defendant, and even if 50 households for the sale of the first complex notarized, and the apartment and commercial buildings indicated in the said real estate are exercised by the financial institution designated by the Plaintiff, such as lending, sale, lease on a deposit basis, etc.