1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. Determination as to the main claim

A. On August 31, 2001, the Defendant issued to the Plaintiff a promissory note with a face value of KRW 6.5 million at issue date, and a face value of KRW 6.5 million at issue date. 2) On January 18, 2002, the Defendant issued a promissory note with a face value of KRW 11.7 million at issue date to the Plaintiff.

3) The Plaintiff asserted that, upon receiving a promissory note as of August 31, 2001, the Plaintiff loaned KRW 6.5 million to the Defendant, and filed a lawsuit claiming a loan (Seoul Central District Court 2003Gaso15036). On July 25, 2003, the court rendered a decision of performance recommendation as stated in the purport of the above complaint. On March 25, 2004, the Defendant received the above decision of performance recommendation on April 9, 2004 but did not raise any objection, and thus, the said decision of performance recommendation became final and conclusive as it is. [Grounds for recognition] without dispute, each of the statements (including the serial number, and the purport of the entire pleadings) in the evidence Nos. 1, 3, 6, and 15 (including the pleading number).

B. The Plaintiff’s assertion 1) The Plaintiff received each promissory note from the Defendant, and provided loans of KRW 6.5 million on August 31, 2001, and KRW 1.7 million on January 18, 2002, respectively. The loans of KRW 6.5 million on January 18, 2002, upon the settlement of claims and obligations arising from a transaction with the Defendant, were fully repaid, but did not receive a loan of KRW 6.5 million on August 31, 2001. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 6.5 million and its delay damages. (2) The Defendant issued a promissory note on August 31, 201, and the amount borrowed by the Defendant from the Plaintiff is KRW 6.5 million, not KRW 6.5 million.

In addition, the defendant did not borrow KRW 1.7 million from the plaintiff on January 18, 2002.

The Defendant paid KRW 1.45 million to the Plaintiff in cash and KRW 3.3 million to the Plaintiff by account transfer and repaid KRW 4.8 million out of the loans of KRW 5 million.

C. According to the facts of the above recognition 1, the Plaintiff received a promissory note from the Defendant and lent the amount of KRW 6.5 million on August 31, 2001, and KRW 1.7 million on January 18, 2002, respectively.

Thus, the defendant is 6.5 million won and this shall not apply to the plaintiff, unless there are special circumstances to the contrary.