1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The fact of recognition is that the defendant and the co-defendant B of the first instance trial (hereinafter referred to as "B") are issued at a par value of 45 million won on February 7, 2007, the date of issuance, and one promissory note with a sight on February 7, 2007, the plaintiff, and the due date for payment (hereinafter referred to as "the Promissory note in this case"), respectively, and the "debtor and issuer B, the debtor and issuer (trustee)", the defendant, the creditor and the payee (trustee)" are written on the same day, and "the truster and the commissioned agent are the persons issuing and signing the said Promissory Notes, and if delayed the payment of the said Promissory Notes, they do not raise any objection even if they are subject to compulsory execution." The fact that a promissory note No. 218, 207, and hereinafter referred to as "notarial deed in this case") is written is not disputed between the parties, or may be acknowledged by the evidence under subparagraph 1.

2. The parties' assertion

A. The Plaintiff prepared the Notarial Deed from the Defendant and lent KRW 45 million to the Defendant on February 7, 2007, and thus, the Defendant is obligated to pay the Plaintiff the said KRW 45 million (hereinafter “the instant loan”).

B. The Defendant issued the Promissory Notes of this case by borrowing money from the Plaintiff with money for gambling, and prepared and issued the Notarial Deed of this case.

In order to repay the borrowed money to the Plaintiff, the Defendant repaid the borrowed money of this case to the Plaintiff with retirement allowances received by applying for voluntary retirement on April 2007, and the borrowed money of this case did not have a duty to repay the borrowed money with the borrowed money of illegal gambling, and the extinctive prescription expired.

3. Determination

A. According to the facts of the judgment on the cause of the claim, the Defendant agreed to pay the loan of this case to the Plaintiff by issuing the Promissory Notes and preparing and delivering the notarial deed of this case.

Unless there are special circumstances, 45 million won and this shall be applied to the plaintiff.