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1. In the judgment of the court of first instance, the principal amount of damages claim against the defendant is 101,503,256 won and its corresponding amount.
Reasons
1. The Plaintiff filed a claim for damages due to incomplete performance of an accord and satisfaction agreement with the Defendant, and the first instance court accepted part of each of the above claims, and dismissed each of the remaining claims.
In this regard, the part of the claim for damages due to the incomplete performance of the contract on payment in substitutes against the defendant (the part of the plaintiff's claim) has been appealed, so this court's judgment is limited to the part of the claim for damages due to incomplete performance
2. Basic facts (1) On June 22, 2006, the Plaintiff lent KRW 60 million to the Defendant.
(2) On the same day, the Defendant drafted a cash custody certificate (Evidence A No. 1) stating the following in relation to the above borrowed money to the Plaintiff.
현금보관증 A(원고) 귀하 일금: 七千萬원정 ￦70,000,000원 상기 금액을 북제주군 G 공유 지분 전체 면적 504평 중 공유자 A(원고) 지분 170평을 등기 및 매매대금으로 공유자 D가 A(원고)로부터 수령하여 D가 보관하며 차후 2006년 8월 25일까지 지급할 것을 약속합니다.
On June 22, 2006, the custodian D (Co-Defendant C) (Defendant C) (Defendant C) (Defendant C), the former spouse of the defendant, D (hereinafter "D") in the first instance trial on July 14, 2006, the co-defendant D (hereinafter "D") purchased ownership in the auction procedure on the above land and the above ground buildings (hereinafter "North Jeju-gun G," recorded in the cash storage certificate, means the above land and buildings, and acquired ownership in the auction procedure on August 2, 2006. On August 2, 2006, the registration of ownership transfer was completed to the co-defendant F (the former name is the E; hereinafter "F") of the defendant's co-defendant F (the former name is the E; hereinafter "F") of the first instance trial on the real estate in this case.
(4) On August 2, 2006, F is the maximum debt amount of the instant real estate to Jeju Livestock Industry Cooperatives with the maximum debt amount of KRW 130 million, and the debtor is the defendant.