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. The reasoning of the court's explanation concerning the instant case by the court of the first instance is to add the following judgments as to the matters alleged by the defendant in the trial, and the ground of appeal No. 2-B of the first instance judgment.

In addition to correcting 8,8340,850 won for liquidated damages for delay as “8,834,850 won for liquidated damages for delay,” the reasoning of the judgment of the first instance is the same as that of the part of the judgment of the court of first instance. Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The Defendant asserts that, inasmuch as the Plaintiff received dividends from the distribution procedure (Seoul Eastern District Court 2013Ma2232), the amount of KRW 5,368,745 out of the purchase price of the instant case, the said amount should be deducted from the Plaintiff’s claim amount. However, insofar as the Plaintiff appears to have received dividends from the first instance judgment of the Daejeon District Public Procurement Office, which was already provisionally seized (this Court 2013Kadan10289), the execution of the instant provisional execution declaration cannot be deemed final and conclusive, since the said amount distributed in the said procedure is not deducted from the Plaintiff’s claim amount.

Therefore, the defendant's above assertion is without merit.

3. If so, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.