1. The judgment of the court of first instance is modified as follows.

A notary public of the defendant against the plaintiff on March 2016 by C.

1. The reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for the case to be cited by the court of first instance as set forth in Article 420 of the Civil Procedure Act. As such, the reasoning of the judgment citing

2. The following shall be added between 3rd and 12 of the judgment of the court of first instance.

3) On October 13, 2017, the Defendant filed a claim for the withdrawal of deposit with the said court, and received KRW 15,00,370,000 as a deposit. The part of the judgment of the first instance regarding “(b) performance appropriation” and “c. lawsuit for performance” in part 5 of the judgment of the court of first instance is as follows. (b) The Plaintiff paid KRW 66,50,000 in total to the Defendant from March 20 to March 22, 2016 is as seen earlier.

On the other hand, on May 11, 2017, the Plaintiff deposited KRW 15,00,370 as the principal and interest of the loan in accordance with the instant notarial deed with the Defendant as the principal deposit. In order to be effective, the Plaintiff’s deposit for repayment is required to provide for the full repayment of the obligation and deposit for the full amount of the obligation, and the deposit for the part other than the full amount of the obligation does not take effect as to the said part. However, if the obligee expresses his/her intent to appropriate the deposit for part of the obligation and receives it, the deposit shall be appropriated for the partial repayment of the obligation (see, e.g., Supreme Court Decision 96Da14616, Jul. 26, 1996). However, as seen earlier, the Defendant expressed his/her intention of reservation, and received the deposit money15,000,370, and thus, the deposit is appropriated for the partial repayment of the obligation.

2) If each of the money mentioned in Paragraph 1 above is appropriated in accordance with the order of statutory appropriation for performance under the Civil Act, it shall be appropriated as described in the annexed Table of appropriation for performance.

3. The purport that the Plaintiff’s repayment of KRW 1.5 million to the Defendant on June 27, 2015 should be appropriated for the “principal” of the loan.