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1. The part against Defendant D in the judgment of the first instance, including the Plaintiff’s claim extended and added by this court.
Reasons
1. The reasons for this part of the facts of recognition are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Claim for the agreed amount against Defendant D
A. The plaintiff's assertion 1) The defendant D is the co-defendant B corporation of the first instance trial (hereinafter "B").
(2) For the purpose of this case, the Plaintiff agreed to pay KRW 50,000,000 to the Plaintiff in addition to the amount agreed to pay the Plaintiff in return for offering the instant real estate as collateral, and thus, the Plaintiff is obligated to pay KRW 50,000,000 to the Plaintiff. (2) In return for the Plaintiff’s assertion that the Plaintiff provided the instant real estate as collateral, Defendant D withdraws an appeal against the Plaintiff, Defendant D’s 28,000,000 and the Plaintiff’s co-defendant E in the first instance trial.
(E) Around December 2012 to September 2013, 2013, Defendant D paid KRW 25,945,960 in total to Defendant D Co., Ltd. for the payment of KRW 25,000,000 to KRW 30,000 per month as repayment of KRW 22,000,000,000 to E, while performing the instant construction project. In short, Defendant D paid KRW 50,000 to E Co., Ltd. for the total amount of KRW 25,945,960.
B. Determination 1) In light of the following circumstances, whether Defendant D’s agreed amount was 28 million won or not, or 50 million won was 50 million won or not, and in light of the overall purport of the arguments in the evidence Nos. 8, 17, 18, and 3 as a whole, Defendant D agreed to pay to the Plaintiff KRW 50 million in addition to the amount that B promised to pay in return for offering security in return for offering security, Defendant D shall be deemed to have agreed to pay the Plaintiff KRW 50 million in addition to the amount that he promised to pay in return for offering security. A) Defendant D shall pay KRW 50 million to the Plaintiff in return for offering security.