1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On June 18, 2007, Nonparty C filed a lawsuit against Nonparty D and Appointor B with the Seoul Central District Court for a promissory note payment claim. The Defendant jointly filed a claim with the Seoul Central District Court that “The Defendant would jointly pay the Plaintiff the amount calculated at the rate of 269,273,482 won and 25% per annum from August 22, 1987 to the date of repayment.”

(2) On June 10, 2008, the Seoul Central District Court rendered a judgment on June 10, 2008 that "the defendants jointly pay to the plaintiff 1,364,117,297 won and 269,273,482 won with interest of 25% per annum from January 16, 2008 to the date of full payment" (hereinafter "the first instance judgment") that "the defendant shall pay to the plaintiff 1,364,117,297 won and 269,273,482 won." The non-party C, non-party D, and the appointed party B filed an appeal against the judgment of the first instance court.

B. (1) On August 4, 2008, the Defendant (Appointed Party), who is the father of Nonparty D’s deceptive act and the Appointor B, entered into a contract to delegate the above appellate case to the Plaintiff as the representative of Nonparty D and Appointor B (hereinafter “instant delegation contract”), and written an agreement with the following contents (hereinafter “instant agreement”).

In the case: Defendant D and one other party to a promissory note 08Na5973: The principal agree to delegate his/her duty of representation of the lawsuit to you and to comply with the following matters until the second instance judgment on the above case is pronounced:

Article 2 (Advanced Payment) 10,000 won (excluding value-added tax) shall be paid to He/she from the retainer of delegated affairs.

However, the commencement shall not be requested for the return even if the delegation has been cancelled or any other cause has occurred.

Article 3 (Expenses) The stamp fee, delivery fee, expenses for record keeping, expenses for verification and appraisal, expenses for witness's daily trip, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid immediately as requested by you.

When delegated affairs are successful, 2.5% of the amount to be reduced shall be the contingent remuneration.