1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From April 2009, the Plaintiff has been discounted by the Defendant through D on promissory notes issued by C (hereinafter “C”) from around April 2009.

B. E concurrently operates with the Plaintiff and C, and D is the auditor of C.

C. On November 30, 2010, the Plaintiff: (a) sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant in the purchase and sale price of KRW 185,000,000 (a contract deposit of KRW 185,00,000,000); (b) as a matter of a special agreement, a loan of KRW 100,000 to the buyer (the Defendant) succeeds to the buyer (the Defendant) (hereinafter “instant agreement”); (c) written a sales contract in which the Plaintiff’s representative director F, G, and D representing the Defendant.

The defendant received the registration of ownership transfer from the plaintiff on December 2, 2010 under the receipt of the Suwon District Court's Magwon District Court's receipt of the registration office for the instant real estate.

[Ground of recognition] Gap evidence Nos. 1, 2, 4 through 14 (including each number for those with additional numbers), Eul evidence Nos. 4-1 and 2, witness D of the first instance trial, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s promissory note amounting to KRW 50,000 at the last discount from the Defendant around June 29, 2010 (hereinafter “instant promissory note”) (hereinafter “instant promissory note”).

(2) On November 30, 2010, the Plaintiff sold the instant real estate to the Defendant at KRW 185,000,000. On November 30, 2010, the Plaintiff acquired the secured debt of the right to collateral security established by the Defendant with respect to the instant real estate, and paid KRW 50,000,00 in lieu of the instant promissorysory note. Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of the sales remaining amount of KRW 35,00,000 (=185,000,000 - KRW 100,000,000 - KRW 50,000,000). In addition, on November 30, 2010, the Defendant changed the debtor of the right to collateral security established with respect to the instant real estate from H as the Defendant.