1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Judgment on the ground of the Plaintiff’s claim

A. Comprehensively taking account of the whole purport of the pleadings in Gap evidence Nos. 1 through 3 (including additional numbers), the plaintiff invested KRW 30 million on October 31, 2006, and KRW 10 million on November 3, 2006 in the credit card mileage business of the Dispute Settlement Bank Co., Ltd.

B. (1) According to Article 408 of the Civil Act, where there are several obligors, each obligor bears an obligation at an equal rate, unless there is any special declaration between the parties. In the instant case where there are two obligors with respect to the payment of cash, which is a single set of payment, and there is no express or implied declaration between the Plaintiff, the Defendant, and D to establish a joint and several obligation, and ultimately, the Defendant bears an obligation to pay only one-half of the above agreed amount.

(2) On the following grounds, the Plaintiff asserts that the Defendant is liable to pay the full amount of the above agreed amount.

- D demanded the Plaintiff to borrow money as it is difficult to conduct a joint business with the Defendant, and the Defendant also made the instant performance certificate in return for promising the Plaintiff to repay in full if D is unable to repay to the Plaintiff at the time.

- The Plaintiff, not D, trusted the Defendant’s self-sufficiency and remitted 40 million won to D’s account two times.

However, the above assertion is not only inconsistent with the contents of the execution certificate of this case, but also after six months from the time when the plaintiff invested in the LAC.