1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 158,400,000 as well as to the plaintiff on December 2016.

1. Basic facts

A. On August 25, 2015, the Defendant prepared and awarded to the Plaintiff a performance certificate of the content as indicated below (hereinafter “instant performance certificate”).

I, on August 25, 2015, deliver this Certificate that I will be responsible for approximately KRW 70,000,000 for apartment loans.

The present Certificate shall also be delivered for total of KRW 119 million, such as C, D, and Eelel cases.

Total amount of KRW 168 million paid in KRW 54 million - KRW 200 million - KRW 215.7 million

B. On April 28, 2016, the Defendant drafted and rendered to the Plaintiff a certificate of borrowing (investment) as indicated in the following table (hereinafter “instant loan certificate”).

C. On August 1, 2016, the Defendant prepared and proposed to the Plaintiff a letter of performance with the following content (hereinafter “instant letter of performance”).

I confirm that I have borrowed a total of KRW 215.7 million on several occasions from the Plaintiff until February 4, 2016.

The above amount shall be repaid until December 30, 2016, and if the above term is not met, 20% damages for delay shall be added annually.

【Reasons for Recognition】 Entry of evidence No. 1 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 215.7 million according to the letter of performance of the instant case.

Meanwhile, the Plaintiff at KRW 215.7 million and thereafter on February 4, 2016, filed a claim with the Defendant for the deduction of KRW 56.3 million from the principal of the agreed amount. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 159.4 million (= KRW 215.7 million – KRW 56.3 million) and delay damages.

B. The Defendant’s assertion 1 as to the Defendant’s argument regarding the process of preparing the instant written statement of execution did not have borrowed money from the Plaintiff, and the money the Plaintiff claimed as a loan is the Plaintiff.