1. The decision subject to review shall be revoked.

2. The plaintiff (the defendant)'s claim is all dismissed.

3. The costs of retrial.

1. Basic facts

A. On January 20, 201, the board of directors of a medical corporation C (hereinafter “Defendant Foundation”) passed a resolution to appoint D as a director with the power of representation of the Defendant Foundation. Accordingly, D was registered as a director with the power of representation in the register of corporate directors of the Defendant Foundation on January 21, 201.

B. D, on behalf of the Defendant Foundation, borrowed KRW 60,00 from the Plaintiff (the Defendant for review; hereinafter “Plaintiff”) on March 2012, and entered into a contract for the removal of hospital facilities of the Defendant Foundation (hereinafter “instant contract”) with the Plaintiffs on March 20, 2012, and the Defendant Foundation agreed to reimburse the Plaintiffs for KRW 120,000,000,000, a double of the amount of the said KRW 60,000,000, if it is not possible to prevent the Plaintiffs from commencing the removal work until May 31, 2012.

C. On March 20, 2012, D issued and delivered to the Plaintiffs a promissory note, the Plaintiffs, at its face value of KRW 120,000,000,000, and the due date of May 31, 2012, in order to secure the payment of KRW 120,000 to the Plaintiffs of the Defendant Foundation.

After that, as the financial condition of the Defendant Foundation becomes worse, D agreed on May 17, 2012 to repay the above KRW 120 million to the Plaintiffs until May 30, 2012.

E. As Defendant Foundation and D did not pay the above KRW 120,000,000 by May 31, 2012, the Plaintiffs filed a lawsuit seeking payment of the agreed amount of KRW 120,000,000 as Seoul Central District Court No. 2012Ga69284 with Defendant Foundation and D as co-defendant on August 16, 2012.

F. In the above litigation proceedings, the written reply submitted by the plaintiffs and the defendant foundation stated D as the representative of the defendant foundation, and there is no document submitted by the parties other than the above written reply and reply, and the representative of the defendant foundation or his representative did not appear on the date of pleading in the above litigation proceedings.

G. On November 28, 2012, the above court held that the Defendant “the Defendant shall pay to each of the Plaintiffs KRW 120 million and that on September 1, 2012.”