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. Basic facts

A. C (a) purchased G on October 25, 2012, where the Plaintiff or the above company had worked as an employee of J, a medical consulting firm that the Plaintiff had served as the representative of the Plaintiff, and the Plaintiff or the above company had worked at the hospital managed by the Plaintiff, for the purpose of the hospital operation, and on October 25, 2012, for the purpose of the hospital operation, as the E, the owner of Seocheon-si D 401 (No. 403 was merged into 401), 405, and 501 (hereinafter “instant commercial building”), and the above commercial building amounting to KRW 3.6 billion [the contract amounting to KRW 360,00,000,000,000,000 in total, KRW 2,30,000,000 in total, and KRW 94,000 in total,00,000 in total (the payment date).

(hereinafter “instant sales contract”). In selling and selling the instant commercial building, the Defendant’s payment of KRW 350 million to the owner F for the unpaid amount of KRW 350 million and KRW 200 million shall be paid to F, respectively.

Of the above amounts, KRW 150 million paid by the defendant shall be paid by C immediately after the completion of the Credit Fund, and if the Credit Fund is not implemented by C, KRW 200 million paid by C shall be paid immediately by the defendant to C.

B. However, with respect to the payment of KRW 350 million out of the down payment under the instant sales contract, the Defendant, the owner of C and the 6th floor above D, prepared a written agreement with the following contents on November 5, 2012, and obtained certification of the said written agreement from the Law Firm Songwon on November 6, 2012:

(hereinafter “instant agreement” or “instant letter of agreement” (hereinafter “instant agreement”).

C for the payment of KRW 200 million out of the down payment to be paid by the instant sales contract according to the instant agreement, the Plaintiff remitted KRW 200 million to the national bank account (Account Number: I) in the name of the Defendant on November 6, 2012.

On the other hand, on October 19, 2012, E issues a credit guarantee letter to obtain a loan of KRW 2.7 billion to the Korea Credit Guarantee Fund under the pretext of the purchase price of the commercial building in this case and the fund for hospital operation.