1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On November 21, 2003, the Plaintiff: (a) sold to the Defendant KRW 189 million (hereinafter “instant sales contract”); (b) the remainder KRW 184 million at the time of the contract, at the time of the contract, D apartment building Nos. 01, 101, 102, and 201 (hereinafter “instant shop Nos. 4”) on the part of the Defendant (hereinafter “instant shop”); and (c) the down payment was paid KRW 5 million from the Defendant as the down payment on the same day.

B. At the time of the conclusion of the instant sales contract, the Plaintiff entered into a contract with the Defendant as KRW 1.3 million monthly rent of KRW 58 million. At the time of the conclusion of the instant sales contract, the Plaintiff agreed to pay the remainder of KRW 51 million ( KRW 189 million - KRW 5 million - KRW 500 million - KRW 500 million - KRW 500 million), which remains after deducting the loans as security of the instant commercial building from KRW 75 million and the deposit for the said lease from KRW 58 million. However, at the time of the receipt of the remainder, the Plaintiff agreed to settle the lease deposit and the principal and interest of the instant commercial building.

C. On November 29, 2003, the Plaintiff was paid from the Defendant the remainder of KRW 38 million (51 million - 13 million) with the monthly rent of KRW 13 million for the instant commercial building, which was paid by the Plaintiff to the remainder of the sales balance after the Plaintiff directly received from the Defendant.

After that, there was a dispute between the Plaintiff and the Defendant since the lease of the commercial building of this case was not proper, and the Defendant was in default of the repayment of the loan, on June 20, 2005, the Plaintiff prepared and rendered to the Defendant the following notes (hereinafter “instant agreement”).

1. The right to collateral security (the maximum bond amount of KRW 97,500,000) of the White Bank of Korea established on December 27, 2002 on D apartment stores in Chungcheongnam-si and G (No. 01, No. 101, No. 101, No. 102, No. 201, No. 201, Dec. 27, 2002), and the right to collateral security (the maximum bond amount of KRW 97,50,000) of the White-si, Chungcheongnam-do, Chungcheongnam-do, and the right to collateral security (the outstanding bond amount of KRW 75,000,000, including the loan principal amount of KRW 1,000,000, and the remaining interest shall not be paid.