약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not substantially different from the allegations in the court of first instance, and even if the purport of the whole pleadings is examined, the fact-finding and judgment of the court of first instance are justifiable.
(In addition, on November 17, 2016, the loan of this case was transferred to the New Real Estate Trust Co., Ltd. on November 17, 2016, and was sold at KRW 190 million to P on December 19, 2016, and eventually sold or disposed of in the end). Ultimately, the reason why the court should explain this case is called the third decision of the court of first instance.
This part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same except for the following modifications.
[Completioned Parts]
D. According to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 182 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 1, 2016 to January 6, 2017, the delivery date of the original copy of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. In conclusion, the decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.