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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On November 24, 2010, the Plaintiff filed a lawsuit against C, D, E, and F (Seoul Central District Court 2010Kadan255114), and sentenced on November 24, 2010 that “C, etc. jointly and severally, pays to the Plaintiff the amount of KRW 90,00,000 and the amount calculated at the rate of 20% per annum from October 26, 2010 to the date of full payment,” and the above judgment became final and conclusive around that time.
(The amount of claim under the above judgment is referred to as "the judgment of this case"). (b)
On August 10, 2012, the Plaintiff drafted an agreement with C and the Defendant on the following terms:
(3) On September 11, 2012, the Defendant, who is a joint and several surety, agreed to pay to the Plaintiff the amount of KRW 60 million out of the judgment amount under the above written judgment by September 11, 2012, and the Plaintiff’s complaint against C and F, who is a defendant under investigation by the Western District Prosecutors’ Office, shall be revoked and cycleed.
4. The Defendant, a joint and several surety, shall deliver to the Plaintiff the amount of the promissory note in the amount of KRW 60 million as KRW 60,000,000,000,000,000,000,000,000.
5. Upon receipt of a reimbursement of KRW 60 million from C by September 11, 2012, the Plaintiff shall revoke one copy of the promissory note amount authenticated by the Defendant, a joint guarantor, as well as a joint guarantor.
6. If the Defendant, a joint and several surety, did not pay to the Plaintiff the above agreed amount of KRW 60 million by September 11, 2012, the Plaintiff is arbitrarily reversed the provisions of the said agreed amount and is paid the amount calculated by the order of the Promissory Notes No. 2010Kahap2514, Seoul Central District Court Decision 2010,000,000 from C and the Defendant.
C. The Defendant issued, August 10, 2012, a promissory note with “Seoul Special Metropolitan City” (hereinafter “instant promissory note”) covering both the amount of KRW 60,00,000 for face value, the payee, the date of issuance, August 10, 2012, the date of payment, September 11, 2012, and the place of issuance/payment/payment, pursuant to paragraph (4) of the said written agreement.