1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 2 as to the cause of the claim, the defendant shall pay 50 million won to the plaintiff on August 10, 2010 up to July 30, 2014, and it can be acknowledged that the defendant prepared a written statement of payment stipulating that interest shall be paid at the rate of 15 million won per month after the date of the payment. Thus, the defendant is liable to pay to the plaintiff 50 million won out of the agreed amount under the above written statement of payment and damages for delay at the rate of 25% per annum from July 31, 2014 to the date of full payment.

2. Judgment on the defendant's assertion

A. As to this, the defendant prepared a letter of payment with the plaintiff's investment of KRW 50,00,000 in the defendant's real estate execution business and distributing KRW 500,000 in the case of success of the above business. However, since the above business was failed, it is argued that the obligation to pay the agreed amount is not established due to non-performance of the condition of suspension. However, since there is no evidence to support that the above condition of suspension was added to the above stipulation of payment, the above argument by the defendant is without merit.

B. In addition, the defendant asserts that the above contract amount was exempted from immunity.

In full view of the purport of the pleadings in the statement No. 3-1 and No. 2 of the evidence No. 3-2, the defendant is in a state in which the defendant is unable to pay his/her own property and the revenue of his/her own property and the debt. On September 16, 2010, the Seoul Central District Court 2010Hadan15142, 2010 Ma15142 and 2010 Ma15142, and the decision to discontinue bankruptcy and the decision to discontinue bankruptcy was issued on July 6, 2012. The above contract deposit claims constitute bankruptcy claims arising from property claims arising from the cause arising before the bankruptcy is declared, and the defendant, who is granted the decision to grant immunity, shall be exempted

However, according to the evidence No. 3-1 and No. 2, the defendant applied for bankruptcy and exemption and applied for exemption to the list of creditors.