1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The defendant.

1. Facts of recognition;

A. On August 31, 1994, the Plaintiff lent 35 million won to the Defendant with interest rate of 2% per month without setting the due date.

(hereinafter “instant loan 1”). (b)

On February 3, 1997, the Plaintiff paid 45 million won to the Defendant at KRW 50 million per unit of D Representative E’s issuance (the check number: F. Payment : F. Payment : F. Payment : June 3, 1997) (hereinafter “the check of this case”); and 45.5 million won to the Defendant.

(hereinafter “instant No. 1 transaction”). C.

On March 6, 1997, the Plaintiff lent KRW 20 million to the Defendant at no interest rate.

(hereinafter “instant second lending”) D.

On March 26, 1997, the Plaintiff paid KRW 87,500,000 to the Defendant, one copy of the unit number per D representative E issuance (the check number: G, the place of payment: the due branch of Chungcheong Bank, the date of issuance: August 25, 1997) (hereinafter “the second check”) and the Defendant paid KRW 10,000 to the Defendant.

(hereinafter “instant No. 2 transaction”). E.

The Defendant, on August 16, 1997, issued two promissory notes with the face value of KRW 100 million and KRW 70 million each on the date of payment, respectively, and delivered to the Plaintiff.

(F) On August 27, 2004, the Plaintiff filed an application for payment order (the Daejeon District Court 2004Da1486, Seogjin-gun, Daejeon District Court 2004Da1486) with the Defendant for the payment of the loan amounting to KRW 25 million (the loan amounting to the Defendant).

Accordingly, the defendant submitted a written objection on September 16, 2004, but the objection was withdrawn on September 30, 2004, and the payment order became final and conclusive around that time.

(hereinafter “former payment order of this case”). A.

With respect to an obligor (the title of the Plaintiff; hereinafter the same shall apply) who became aware of the transaction, the obligee (the title of the Plaintiff; hereinafter the same shall apply) agreed on August 31, 1994, at the obligor’s request in good faith, to lend the amount of KRW 35,00,000 on August 31, 1994 at an annual interest rate of KRW 24%, and at any time at any time at the obligee’s request;

(b) in addition;