보증채무금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Judgment" as to the argument that the defendant adds to this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s summary of the Defendant’s assertion was given a contract to the E Representative F (hereinafter “E”) with respect to civil engineering works on the land of the wife population C, and the Plaintiff was the subcontractor, the Plaintiff. Around 2010, the Defendant agreed with E to transfer the ownership of three parcels of land in the wife population G, H, and C, in lieu of the payment of the unpaid construction cost. On April 19, 2011, the Plaintiff agreed to receive payment of the land of the wife population C as a substitute payment in lieu of the payment of the unpaid construction cost. The Defendant delivered all necessary documents for the transfer of ownership to E, and thereby the settlement of the unpaid construction cost against the Plaintiff was completed.
B. According to the reasoning of the judgment, the Defendant agreed on December 8, 2010 to transfer the ownership of land M, H, and C in lieu of the payment of the unpaid construction cost between E and the Defendant on December 8, 2010. On April 19, 2011, the Plaintiff sold 139,99,500 square meters in the wife population C, which the Plaintiff and E agreed to receive ownership transfer from the Defendant, to pay KRW 139,50,00 out of the sale price to the Plaintiff as the during civil engineering period.
However, inasmuch as E did not receive ownership of the wife population C large 55 square meters from the Defendant and did not pay the Plaintiff the price for the civil engineering mid-term, the Plaintiff directly urged the Defendant to pay the price for the civil engineering mid-term. On August 2, 2016, the Defendant agreed on August 2, 2016 to pay the remainder to the Plaintiff immediately upon the completion of the construction of the above-mentioned ground buildings with the wife population C, and the above ground buildings are subject to the agreement to pay the remainder to the Plaintiff.