1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The parties' assertion

A. The Defendant introduced the Plaintiff, who was a relative, the chairperson of the Plaintiff, to the Plaintiff, and the Plaintiff needed to issue a letter of credit in order to import chip, etc. from China. If the Plaintiff opened a letter of credit of KRW 500 million, 10% of the profits accrued from chip revenue, etc., and if the problem arises, the Defendant would be responsible for it.

Accordingly, the Plaintiff, who believed the Defendant’s guarantee, opened and executed a letter of credit equivalent to US$ 478,880 for D Co., Ltd., and, as a result of the decline in the domestic market price, all of the import derivatives were discarded. Accordingly, the Plaintiff had to repay KRW 441,90,000 out of the amount of the letter of credit issued.

Of the above KRW 441,910,000, the Plaintiff demanded that the Defendant pay KRW 311,910,000,000, excluding KRW 130,000,000, which was paid from D, to the Defendant. On March 5, 2018, the Defendant prepared a performance note that the Plaintiff will pay KRW 200,000,000,000, out of the above amount to the Plaintiff by March 31, 2018 (hereinafter “instant performance note”).

Accordingly, the plaintiff claims against the defendant for the agreed amount of KRW 200,000 according to the letter of performance of this case and damages for delay.

B. The Defendant’s awareness of the instant performance was prepared with the intent of having the Plaintiff’s spouse known at the Plaintiff’s request. As such, the payment agreement pursuant to the instant letter of performance is invalid as a false declaration of intention or a false declaration of intention.

2. Determination

A. According to the Gap evidence No. 5 of the judgment on the cause of the claim, it is recognized that the defendant prepared the plaintiff on March 5, 2018 a letter of performance of this case stating that "I, on March 31, 2018, promise to implement KRW 200 million of the amount invested with the plaintiff by March 31, 2018, and promise to make a letter of payment, etc. at the time of non-performance," barring any special circumstance, the defendant shall make the contract amount to the plaintiff as stipulated in the letter of performance of this case.