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

1. Basic facts

A. From September 2010, the Plaintiff and the Defendant agreed to pay to the Plaintiff KRW 137 million with the settlement amount, while jointly investing and operating the automobile maintenance business entity in the trade name “D” in Gwangju City (hereinafter “instant business entity”). On October 2012, the Plaintiff agreed to withdraw from the instant business entity’s management, and the Defendant paid the Plaintiff KRW 137 million with the settlement amount.

B. On December 13, 2012, the Defendant paid to the Plaintiff KRW 50 million as part of the settlement amount, and on January 21, 2013, on the remainder of the settlement amount of KRW 87 million, the Defendant drafted and issued to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”).

On January 21, 2013, when the Plaintiff terminated the guarantee of KRW 120 million to the Defendant, the Defendant, up to February 5, 2013, promised to pay to the Plaintiff a total of KRW 87 million for the remainder of the takeover of the factory (total of the four insurance and other factory-related operating expenses up to the time the Plaintiff continues to exist) / [based on recognition] without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 through 3, and evidence 10, the purport of the whole pleadings, the purport of the whole pleadings.

2. Determination as to the claim for settlement of accounts

A. According to the judgment on the cause of the claim and the facts acknowledged earlier, as of January 21, 2013, the Defendant, as of January 21, 2013, has the obligation to pay to the Plaintiff the settlement amount of KRW 87 million as of March 26, 2013, and thereafter, the Plaintiff has the obligation to pay the remainder of the settlement amount of KRW 14.5 million to the Plaintiff, i.e., KRW 2 million, KRW 50 million on June 7, 2013, KRW 72.5 million on July 10, 2013, and KRW 72.5 million on July 10, 2013, barring any special circumstance. Thus, the Defendant is obligated to pay the remainder of the settlement amount of KRW 87 million to the Plaintiff (i.e., KRW 77 million - KRW 72.5 million) and damages for delay.

B. In full view of the purport of the entire pleadings, the Defendant’s repayment of KRW 500,000 won to the Plaintiff on February 27, 2013, based on the statement in the evidence No. 6, as to the defense, etc., the fact that the Defendant paid KRW 500,00 to the Plaintiff on February 27, 2013

As to this, the Plaintiff’s KRW 500,000 is the Defendant.