1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On July 11, 2014, the Defendant purchased 1/2 shares from D’s land and its ground buildings (hereinafter “instant real estate”), 515,00,000, out of the sales price of KRW 715,000,000, the Defendant paid KRW 200,000,000 in lieu of the Defendant’s acquisition of the secured obligation of the right to collateral security established on the instant real estate, and the remainder of KRW 200,00,000,000, in lieu of the Defendant’s acquisition of the secured obligation of the right to collateral security established on the instant real estate.

(hereinafter referred to as “instant sales contract”) between D and the Defendant.

According to the instant sales contract, the Defendant paid C KRW 100,000,000, and the remainder KRW 100,000,000 shall be paid until December 30, 2015, and C prepared a loan certificate stating C as KRW 100,000,000, the due date for repayment, and KRW 30% per annum after the due date.

C. In relation to the instant sales contract, when the Defendant’s acquisition of the secured debt, which was to be assumed by the Defendant, was impossible due to the financial institution’s circumstances, D and the Defendant entered into an agreement to modify the terms of the instant sales contract with the following purport: “The Defendant confirmed that the Defendant is the debtor of 1/2 out of the loans on the instant real estate, and the Defendant, from September 5, 2015, remitted interest on the said obligations to D each month.”

At the time, C participated in the agreement between D and the defendant as a observer and signed the agreement.

On the other hand, as to KRW 100,00,00, which was to be paid to C, the Defendant drafted a loan certificate stating the loan amount of KRW 100,000,000, the due date, June 30, 2016, and the interest rate of KRW 30% per annum after the due date (hereinafter “the loan certificate in this case”).

The creditor column of the loan certificate of this case is written in C's name as the beneficiary, and next D's name is also written in D', and the seal of the defendant is affixed to C and D's name.