1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant B is dismissed.

3...

1. Basic facts

A. On August 7, 2008, the Plaintiff plans to establish and operate medical facilities (convalescent hospital), and as a plan to establish and operate the medical facilities (convalescent hospital), 40,483 square meters of D forest land (hereinafter “instant land”) in Yangju-si, the ownership of Defendant B.

(2) The sales contract to purchase the remainder of KRW 2.4 billion (hereinafter “instant sales contract”) at the price of KRW 2.4 billion (the contract amount of KRW 200 million at the time of entering into the contract, KRW 200 million at the time of entering into the contract, KRW 1 billion at the second intermediate payment of KRW 1 billion on September 9, 2008 and October 8, 2008, and KRW 1 billion in the remainder of KRW 1 billion on November 10, 2008) (hereinafter “instant sales contract”).

(2) The Plaintiff entered into the instant sales contract and paid 200 million won as down payment. (2) On August 8, 2008, the Plaintiff issued to Defendant B a note with the face value of KRW 300 million, the due date of November 11, 2008, and the due date of August 8, 2008, with the power of attorney to commission the preparation of authentic deeds as to the said Promissory Notes.

3) As the Plaintiff failed to pay KRW 200 million by September 8, 2008, the Plaintiff’s representative director, E and F’s major shareholder, prepared a confirmation letter to the Defendant B on September 18, 2008 that the Plaintiff would pay the remainder of KRW 1,2,200,000,000, along with the intermediate payment and the remainder. 4) The Plaintiff failed to pay all of the intermediate payment and the remainder by November 10, 2008, which is the remainder payment date. The Defendant B sent to the Plaintiff on November 14, 2008, stating that “if the Plaintiff did not pay KRW 2,220,000,000,000,000,000,000,000,000,000,000,000,000,000.”

5 Accordingly, the Plaintiff and G would pay to Defendant B on December 19, 2008 the sum of the first intermediate payment of KRW 200 million under the instant sales contract and the second intermediate payment of KRW 2 billion on March 31, 2009, and the second intermediate payment of KRW 2 billion on June 10, 2009.

In the future, Defendant B’s losses, such as taxes, etc., that will be incurred due to the delay of the contract period, shall be settled on the balance date and compensated together with the guarantor G.