1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. On October 18, 2017, the Defendant prepared and delivered to the Plaintiff a performance memorandum stating that “C outstanding amount of KRW 30,000,000,000 to be settled at C around November 25, 2017, but, if so, D Defendant will be liable for it at the time of a route. The Defendant shall be liable for civil and criminal liability.” (hereinafter “instant performance memorandum”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion failed to settle the outstanding amount of KRW 30 million from C. The defendant is liable to pay the plaintiff KRW 30 million and its delay damages in accordance with the letter of performance of the case.

B. In light of the background leading up to the preparation of the instant statement of performance, which can be seen by comprehensively considering the purport of the entire pleadings as seen earlier, the agreement that the Defendant shall pay KRW 30 million to the Plaintiff on the instant statement of performance (hereinafter “instant agreement”) ought to be deemed to be an agreement under which “C does not settle accounts of the outstanding amount of KRW 30 million to the Plaintiff until November 25, 2017.”

However, comprehensively taking account of the overall purport of the arguments in the statements Nos. 2 and Nos. 1 through 3, it is recognized that C transferred the outstanding amount equivalent to KRW 30 million to the Plaintiff after the completion of the written statement of performance of this case, thereby settling accounts of the outstanding amount equivalent to the same amount. The Plaintiff was also the person who was on the first date for pleading in the trial of the first instance.

The above suspension condition is not fulfilled, and the agreement in this case did not take effect due to non-performance of the condition of suspension, so the plaintiff's above assertion in this case is without merit without further review on the remaining points.

The Plaintiff asserts to the effect that the settlement made after the completion of the instant performance memorandum and the settlement set forth in the said suspension condition are separate. However, as otherwise alleged by the Plaintiff, the instant suspension condition on the instant performance memorandum is stipulated in the Plaintiff.