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 first instance trial, the Plaintiff filed a claim for the interest and delay damages from October 16, 2008 and the total amount of the sale price and the loan interest from the date following the delivery date of a copy of the application for modification of the claim on February 22, 2019, as the Plaintiff’s first instance court’s primary performance of refund under the contract for the guarantee of sale in this case, or (2) restitution of unjust enrichment, or (3) restitution of the sale in this case due to nonperformance of performance, and for the interest and delay damages from October 16, 2008. In addition, the Plaintiff filed a claim for delay damages from the date of delivery of a copy of the application for modification of the claim on February 22, 2019.

On June 27, 2018, the court of first instance accepted the main claim(1), (2) the main claim(350,350,000 won for the sale price(350,350,000 won) and the damages for delay from June 27, 2018, and dismissed the remainder(3).

In addition, the court of first instance dismissed the part of the claim for damages equivalent to the loan interest on the ground that the part of the claim for damages equivalent to 350,350,000 won out of the conjunctive claim is accepted as the same amount in the primary claim.

Since only the defendant filed an appeal against the judgment of the first instance, the scope of the judgment is limited to the same part of the conjunctive claim (the part of the claim for damages equivalent to KRW 350,350,000, which was not judged separately on the ground that the same amount was cited in the main claim) among the main claim of the judgment of the first instance.

2. The reasoning for the court’s explanation on this part of the basic facts is as follows: “1. Basic facts of the judgment of the court of first instance (2.15 ~6 2 e.g., the 2nd e., the 15th e., the e., the e., the e.

3. The parties' assertion

A. The plaintiff's ground of claim is relevant.