Korea Land Trust Co., Ltd. (Law Firm Barun, Attorney Park Ho-ho, Counsel for defendant-appellant)

National Bank Co., Ltd. (Law Firm Gyeong & Yang, Attorneys Im-soo et al., Counsel for the defendant-appellant)

April 27, 2007

Seoul Central District Court Decision 2005Gahap82791 Decided October 19, 2006

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The defendant shall pay to the plaintiff 40,108,752,407 won and 20,054,333,506 won from August 8, 2005; 10,027,166,753 won from August 11, 2005; 10,027,252,148 won from August 16, 2005 to the delivery date of a copy of the complaint of this case; 6% per annum from the next day to the day of full payment; and 20% per annum from the next day to the day of full payment.

2. Purport of appeal

The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revocation is dismissed.

1. Quotation of judgment of the first instance;

The reasons for the instant judgment concerning the instant case are as follows: (b) “The claim for restitution following the cancellation of the sales contract for the certificate of deposit (section 10 to section 15, No. 18, No. 13, No. 15, etc. of the first instance judgment)” in the “3.3. Judgment” are as stated in the column for reasons for the judgment of the first instance, except for the case as shown in the attached Form No. 13, No. 10, No. 15

2. Conclusion

Therefore, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

Judges Kim Byung-chul (Presiding Judge)