1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the part not exceeding the last 5th of the judgment of the first instance as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Since the Defendant asserted payment in substitutes for the repayment of the instant borrowed money, the Defendant delivered the three imported vehicles of this case to the third party, the debt of the instant borrowed money was extinguished by payment in substitutes.

The Plaintiff asserts that, by transferring the three possessions of the instant revenue vehicle, the agreement was reached with the Plaintiff to treat the entire repayment of the instant loan obligation.

If the payment in kind is to take effect, another benefit provided by the debtor in lieu of the original performance shall be realistic, and if it is required to register or register, the registration shall be made even if it is required.

(see, e.g., Supreme Court Decision 95Da13371, Sept. 15, 1995). However, either of the three imported vehicles of this case has not been registered as transfer in the Plaintiff’s future, and one of them has not yet been delivered to the Plaintiff.

In addition, it is true that the above transfer certificates provide that "I would no longer raise a civil or criminal objection against all the obligations as stated in the import vehicle 3 of this case, and among them, I would no longer raise a civil or criminal objection." However, according to the evidence No. 2 of this case, C prepared, on behalf of the defendant, a document stating that "A certificate" was prepared by preparing the above transfer certificates on behalf of the defendant, on behalf of the plaintiff. The above transfer certificates provide that "I will arrange the vehicle to the plaintiff until the end of March 2014 and prepare KRW 127 million to the plaintiff." It is recognized that "I will not arrange until March 2014, and if I will not take any measure, C will be responsible and you will be able to arrange the above vehicle."

This certification shall be N or C on behalf of the defendant who had been at the time of this certification.