A. On December 19, 2016, the Plaintiff entered into a sales contract with the Defendant to sell the D kindergarten (hereinafter “instant kindergarten”) operated in the land and its ground building in Kimhae-si and its ground, to KRW 2 billion (hereinafter “instant 1 sales contract”) (hereinafter “instant 1 sales contract”) (hereinafter “instant 1 sales contract”), and ② the price of KRW 900 million (hereinafter “instant 2 sales contract”) to sell the land and its ground building in contact with the said 1533 land and the F childcare center operated in the said building (hereinafter “child care center” within one fence with the instant kindergarten; hereinafter “instant 150 million won”) (hereinafter “instant 2 sales contract”).

B. The contents of the contract for the first sale contract of this case include the following: (i) The balance of KRW 1.4 billion shall be paid KRW 300 million on January 3, 2018; (ii) January 3, 2019; and (iii) January 3, 2020; and (iv) January 3, 2021; and (iii) the last time in 2022 shall be paid KRW 100 million on the date of the transfer of the registration; and (iv) the registration of a kindergarten shall be paid at the time of the registration; and (v) the special agreement for the second sale contract of this case shall be transferred without delay if it is possible to register pursuant to the provisions, such as the Early Childhood Education Act (authorization for establishment of a kindergarten); and (v) the special agreement for the second sale contract of this case contains the statement “the authorized number of persons” as “9.

C. The Defendant paid to the Plaintiff KRW 20 million on December 18, 2016, KRW 50 million on December 19, 2016, KRW 350 million on December 28, 2016, KRW 350 million on December 28, 2016, KRW 30 million on December 29, 2016, KRW 1.34 billion on December 29, 2016, and KRW 1.34 billion on January 2, 2017.

As the Defendant failed to pay KRW 160 million out of the intermediate payment of the instant sales contract to the Plaintiff on January 3, 2017, which was the due date for payment stipulated in the instant sales contract, the Defendant requested the Plaintiff to dispose of the said KRW 160 million by borrowing the said KRW 160 million. The Defendant accepted it by the Plaintiff and on January 19, 2017, the Plaintiff on January 16, 2017.