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. Comprehensively taking account of the overall purport of the pleadings in Gap evidence No. 1 as to the cause of the claim, the plaintiff: (a) around January 24, 2017, the plaintiff returned one of three buses purchased from the defendant (B; hereinafter "the instant vehicle") to the defendant again and again sold them; (b) around January 2017, the plaintiff lent KRW 8,280,000 to the defendant; and (c) on January 24, 2017, the defendant did not receive KRW 3,280,000 out of the proceeds of re-sale from the defendant; and (d) on January 24, 2017, the defendant prepared and delivered a certificate of cash deposit to the defendant within five (2) days from the date of non-performance to the defendant; and (e) on January 24, 2017, the plaintiff may request the defendant to keep the vehicle in cash at the time of non-performance as a cash deposit of KRW 3,280,000.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 19, 2017 to the day of full payment, which is clear from the day following the day of service of the copy of the application for the instant payment order against the Defendant seeking by the Plaintiff.

2. Judgment on the defendant's assertion

A. The summary of the assertion (1) at the time when the Defendant sold three buses in the name of the Defendant to the Plaintiff on June 28, 2016, the Plaintiff sold a bus again to a third party and paid KRW 500,000 per month to the Defendant in consideration of public charges, etc. that may arise to the Defendant as to the three buses prior to the transfer of the ownership of the bus by the Plaintiff, until the sale of the three buses was made, until the price for the said bus is sold.

However, the Defendant did not receive total of KRW 3,500,000 ( KRW 500,000 x 7 months) from the Plaintiff from July 2016 to January 2017.

(2) The defendant is against the plaintiff.