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1. The part of the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the above revoked part is revoked.
Reasons
1. As to the claim for the Promissory Notes and Notarial Deed against Defendant C
A. (1) On December 22, 2004, Defendant C issued and delivered promissory notes with face value of KRW 200 million (Evidence No. 3-2, hereinafter the instant promissory notes) to the Plaintiff with respect to the instant promissory notes.
(2) As to the instant claim, Defendant C agreed with the Plaintiff to pay the said money up to July 22, 2006, after settling the principal and interest of the money that was not paid up to that time following the transaction of money with the Plaintiff on April 20, 2006.
(B) On April 20, 2006, the FF Co., Ltd. (F) practically operated by Defendant C took over the above settlement debt together with Defendant C’s above settlement debt, and the notary public issued to the Plaintiff a promissory note No. 61 of 2006 with the face value of KRW 950 million (Evidence No. 4-1 of this case; hereinafter the same shall apply) and a certificate of loan (Evidence No. 16 of this case) with the interest rate of KRW 3% on July 22, 2006.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 5, 16, and purport of the whole pleadings
B. If the reasoning of the judgment on the Plaintiff’s assertion is consistent with the foregoing, the Defendant is obligated to pay to the Plaintiff KRW 150 million (= KRW 950 million) including the amount of KRW 20 million debt of the Promissory Notes and KRW 950 million debt of the instant Notarial Deed and the amount of KRW 950 million (= KRW 200 million) and damages for delay.
C. (1) As to Defendant C’s assertion and its determination on the non-performance of the terms and conditions of the Promissory Notes, Defendant C’s assertion (A) shall pay KRW 200 million to the Plaintiff as a reward for merit, on the condition that he/she would win the lawsuit with G in return for the monetary assistance received from the Plaintiff in the course of the lawsuit with G, and deliver the Promissory Notes in question. Defendant C lost the obligation of the Promissory Notes in the lawsuit with G.