1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Basic facts

A. On September 26, 2010, C, who is the Defendant’s son, was prosecuted for committing the crime of rape injury (this Court Decision 2010Gohap685) that “The Defendant’s son, who committed rape against D, who is a minor, and thereby, caused D to suffer injury to D, such as brain-dead death, etc.,” and the Plaintiff entered into a criminal agreement between the Defendant and the Plaintiff on December 17, 2010 with a view to paying KRW 30,000,000 to the Plaintiff as the criminal agreement amount, and the Plaintiff as the person with parental authority for consideration, revoked the criminal complaint against D as the person with parental authority.

(hereinafter referred to as the “instant criminal agreement”). B.

On December 17, 2010, the Defendant paid KRW 18,000,000 out of the criminal agreement amount to the Plaintiff, and the remaining KRW 12,00,000 to the Plaintiff by December 17, 2011.

【Ground of recognition】 The fact that there has been no dispute, Gap2-4's entries, the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remaining criminal agreement amount of KRW 12,000,000 and damages for delay pursuant to the instant criminal agreement, unless there are special circumstances.

3. Judgment on the defendant's defense

A. As to this, the Defendant, at the time of the instant criminal agreement, issued a promissory note of KRW 12,00,000 at par value to the Plaintiff, and the said promissory note claim has already expired by the three-year extinctive prescription, and thus, the Defendant cannot comply with the Plaintiff’s claim.

B. A party's intent to deliver a bill to a creditor with respect to the performance of an existing obligation is "in lieu of payment of an existing cause obligation," that is, the case where the debtor will extinguish an existing cause obligation and intend to maintain only a new cause obligation, and the case where the debtor delivers a so-called "for payment" with respect to the existing cause obligation, and only for the so-called "security made for the purpose of the payment security of an existing obligation."