1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On October 16, 2013, the Plaintiff concluded a sales contract with B Co., Ltd. (hereinafter “instant company”) to sell KRW 90,000,00,000 for the sales of KRW 102,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

B. At the time of the conclusion of the instant sales contract, the instant company agreed to pay the remainder KRW 20 million within seven days after the registration of ownership transfer and the remainder KRW 70 million on March 30, 2014.

C. On December 26, 2013, the Plaintiff completed the registration of transfer of ownership in the name of G, a director of each company of the instant case, with respect to subparagraph 502 of the fourth floor of the FY-dong, Seoul on December 26, 2013, and subparagraph 102 of the underground floor of the second apartment lot, the former and the North Yong-gun, Seoul on January 20, 2014, but the instant company did not pay the said purchase price by the date of the agreement.

On the other hand, on April 2, 2014, G and the auditor H of the instant company promised to pay the instant purchase price to the Plaintiff by June 30, 2014, and to pay the Plaintiff an additional 3% of the interest interest monthly after March 30, 2014.

E. Accordingly, the Plaintiff filed a lawsuit against the instant company, such as the purchase price, etc., Seoul Southern District Court 2015dan16266, and received a favorable judgment on February 17, 2016, and the instant company appealed. However, on September 2, 2016, the appellate court rendered a judgment that “the instant company shall pay to the Plaintiff the amount calculated at the rate of 36% per annum from March 31, 2014 to the date of complete payment” in the case of Seoul Southern Southern District Court 2016Na2203, the appellate court, “The instant company shall pay to the Plaintiff the amount of KRW 90 million and the amount calculated at the rate of 36% per annum.”

F. The instant company: (a) borrowed KRW 131,00,000 from the Bupyeong High Credit Union under the name of the said G on July 1, 2015 when promoting an urban environment improvement project; and (b) borrowed KRW 131,00,000 from the Defendant on the same day as the said security.