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. In the judgment of the court of first instance, with respect to the Plaintiff: (a) joint Defendant C, and D of the first instance court, the Plaintiff sought payment of the purchase price, the balance of the transfer price, the overdue rent, and the unpaid electricity fee, jointly and severally with the Defendant, by ordering the name of the pertinent private teaching institute part; (b) payment of unjust enrichment by the vehicle rent; and (c) payment of the remainder of the transfer price, the overdue rent, and the unpaid electricity fee; and (b) the Defendant claimed against the Defendant, jointly and severally with the Codefendant C, D of the first instance court.

However, the court of first instance recognized only the remainder of the transfer price claim among the above ② and dismissed all the remaining claims, and sentenced that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 5% per annum from August 15, 2013 to August 20, 2014, and 20% per annum from August 21, 2014 to the date of complete payment,” and that only the Defendant appealed against this, the scope of the judgment of this court is limited to the remainder of the transfer price claim against the Defendant.

2. Basic facts

A. On March 1, 2012, the Plaintiff leased the three floors of the instant building as lease deposit amounting to KRW 20 million, KRW 800,000 per month, and KRW 800,000 per month, and period of lease from March 1, 2012 to February 28, 2014 (24 months), and operated a private teaching institute with the trade name “F” in the instant part of the private teaching institute.

B. On May 13, 2013, the Plaintiff entered into a contract on the transfer of the pertinent private teaching institute to Defendant B (hereinafter “instant transfer contract”) with the co-defendant C, who borrowed the name of the co-defendant C.

The transfer contract of this case contains the following contents:

First, the transfer value of a private teaching institute shall be KRW 12 million.

Second, the transferee should pay 12 million won to the plaintiff.

Provided, That the payment method shall be F. until the transferee fails to pay the down payment or the intermediate payment to the transferor, and the payment is made in full.