Text
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the amount ordered to be paid under the order shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff lent to Defendant B KRW 1,20 million on June 1, 2007, ② KRW 10 million on August 31, 2007, ③ July 22, 2008, ④ KRW 15 million on July 15, 2009, ⑤ KRW 25 million on October 15, 2009, respectively, and Defendant C provided joint and several sureties out of the above loan debt of Defendant B, ②, ③, and ⑤ debt joint and several sureties.
B. The Plaintiff joined a fraternity operated by Defendant B and paid the fraternity, but paid the fraternity amounting to KRW 10.5 million from September 20, 2009 to March 20, 2010.
An amount equivalent to the Plaintiff’s fraternity paid from September 20, 2009 to March 20, 201 as a limit in progress from September 20, 2009 to April 20, 201. An amount equivalent to the Plaintiff’s fraternity paid from September 20, 2009 to March 20, 201. An amount shall be paid from March 20, 201, which is the date of receipt by the Plaintiff as a part of the Plaintiff’s account.
September 2010
C. On September 1, 2010, Defendant B prepared and sealed a letter of payment (No. 5, hereinafter “instant letter of payment”) with the following content and delivered it to the Plaintiff.
The loan certificate (U.S.) shall have borrowed the above amount in full and promise to repay as follows:00,000,000 won (28,50,000,000) daily gold.
(F) The repayment of the above borrowed amount of KRW 42.5 million, half of the borrowed amount of KRW 85 million, which is equivalent to the sum of the above borrowed amount, shall be agreed upon by both parties on May 25, 201 and January 2016, respectively, to pay 500,000 won for the borrowed amount of KRW 42.5 million, which is the half of the borrowed amount, to the creditor at the expense of the plaintiff's loss, after deducting KRW 14,000,000,000 from the remainder of KRW 42.5 million, the creditor shall pay for the borrowed amount of KRW 42.5 million,00,000,000 from May 25, 2011 to January 2016. If both parties agree to do so, each other shall take measures or measures against A. However, prior to September 1, 2010.
The date of September 2010 is missing. D.
On September 1, 2010, the Plaintiff and the Defendants are the Plaintiff as the Plaintiff’s creditor, and Defendant B as the Plaintiff’s creditor.