1. Revocation of the first instance judgment.

2. The Defendant: (a) KRW 40,000,000 for the Plaintiff and its related expenses from October 24, 2015 to May 2017.

1. Basic facts

A. On October 18, 2013, the Plaintiff entered into a contract with the Defendant and the Defendant’s spouse to sell each of the real estate listed in the separate sheet attached to the Plaintiff’s ownership (hereinafter “instant real estate”) at KRW 2.2 billion in the purchase price. On the same day, the Plaintiff received the down payment of KRW 220 million from the Defendant and C.

B. On October 22, 2013, the Plaintiff completed each registration of ownership transfer with respect to the Defendant’s share of 95/100 among the instant real estate, and with respect to C, each registration of ownership transfer with respect to the share of 5/100.

C. C, on October 22, 2013, completed the registration of creation of a neighboring mortgage of KRW 2.377 billion with respect to the instant real property, and was loaned KRW 1.980 million with respect to the remainder of the purchase price to the Daegu Bank. The said KRW 1.980 million was directly remitted from the Daegu Bank to the Plaintiff’s account.

On October 24, 2013, the Plaintiff remitted KRW 50 million to C’s account.

E. C around October 31, 2015, around October 31, 2015, repaid to the Plaintiff KRW 10 million.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), Eul's 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion 1) The Defendant and C asked the Plaintiff to postpone the payment of KRW 50 million out of the balance of the purchase price of the instant real estate, and the Plaintiff accepted such request by the Plaintiff, who directly transferred KRW 1980 million from the Daegu Bank Co., Ltd. due to the neglect of the payment of the purchase price, and then transferred the amount of KRW 50 million out of the amount to C’s account. The Defendant is obligated to pay the Plaintiff the remainder of KRW 40 million which has not been paid up to the date of the above loan or the purchase price of KRW 50 million. 2) The Defendant and C jointly operated the childcare center on the instant real estate and jointly carried out the lease business for the remaining commercial buildings.