1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 1, 2007, the Plaintiff, the Defendant, and C entered into a partnership agreement with the Plaintiff, and the Defendant, and the C to jointly invest and operate the Eel in 1/3 jointly (hereinafter “instant partnership agreement”). At the time of the acquisition of the above conference, they acquired the obligations of the Gyeyang Agricultural Cooperative’s loans to the previous operator of the said conference by dividing the amount of KRW 2.7 billion to KRW 1.6 billion, KRW 3 billion, and KRW 38 billion.

B. On or after May 4, 2009, the repayment date of the above loan, the Plaintiff, the Defendant, and C agreed to pay an equal amount in proportion to the share of the business after the repayment date of the loan.

However, loans have not been properly adjusted, and the plaintiff, the defendant and C have continued to extend the repayment date of loans and have repaid the interest of loans from the above parent's profits.

C. The Defendant is the Plaintiff and C around December 2014.

On May 4, 2015, when demanding the implementation of the loan debt settlement agreement as described in the subsection, the applicant rejected the application for extension of the repayment deadline for the loan debt with the repayment date fixed.

(A) Along with the extension of the due date, the Defendant’s share of KRW 900 million, was agreed to the extension of the due date. As a result, an extension of the due date for repayment was made on May 7, 2015, the overdue interest of KRW 1,793,012 was paid from the date following the due date of the loan of the Plaintiff and Defendant to the due date of repayment.

The defendant shall re-assign on the repayment date set on May 4, 2016.

On June 29, 2016, while the Plaintiff and C have not extended the repayment date of the total amount of the loan by refusing to apply for extension of the repayment date when demanding the implementation of the loan debt adjustment agreement as described in the clause, the Plaintiff and C entered into a sales contract with the Defendant to sell their shares to the Defendant and to the Defendant to take over the obligations of the Plaintiff and C.