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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for cases where the judgment is written or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 5 to 6 of the second half of the judgment of the court of first instance ① “A Co., Ltd., which the defendant served as the representative director, issued a promissory note of KRW 130,000 at par value to the plaintiff on March 31, 2006, and the defendant made an endorsement on the said promissory note at the time.”
B. The second 13 to 14 of the judgment of the court of first instance puts “each description of the evidence of No. 1 (including a Serial number; hereinafter the same shall apply) through No. 8” in the second 13 to 14.
C. The third-party 3 to 7 of the judgment of the court of first instance shall be followed as follows.
“Chump, Gap’s 1, 3, 5 through 8, Eul’s 1 through 8, and 15(including branch numbers, if any; hereinafter the same shall apply).
In light of the following facts and circumstances that can be recognized by comprehensively taking account of the purport of each entry and the entire pleadings, even if the Plaintiff was issued KRW 126,00,000 from the Defendant on October 8, 2009 and cancelled each registration of creation of a new mortgage on six items among the secured items, it is difficult to deem that there was an agreement on the settlement of accounts between the Plaintiff and the Defendant on the waiver of the claim for four copies of promissory notes, including the above secured amount, owned by the Plaintiff against the Defendant, or the extinguishment thereof, and there is no other evidence to acknowledge otherwise, the Defendant’s defense is without merit.
D. The third 8th of the judgment of the court of first instance, “Plaintiffs,” in the third 8th e.g., “ from the Defendant,” and “Plaintiffs, from the Defendant.”
E. The third-party 13 to 15 of the judgment of the court of first instance concerns each of the maximum debt amount of KRW 300 million in the case of E, and each of the ten secured claims of KRW 100 million in the case of the remaining nine apartments.