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 judgment of the court of first instance cited in the instant case is as stated in the reasoning of the judgment of the court of first instance, except for a dismissal or addition as follows, and thus, it is accepted in accordance with the main sentence of Article 420 of the

[Supplementary or added parts] Defendant B’s “Defendant B,” and the indication of party by Co-Defendant C, Ltd., a co-defendant in the first instance trial, from “Defendant,” to “Co-Defendant in the first instance trial,” and “Defendants” to “Defendant and Co-Defendant Company in the first instance trial.”

However, the defendant's "the defendant" was written in 7th, 13th, 9th and 6th.

From 10 5 m to 13 mix shall be deleted, and shall be added as follows:

“B) We examine whether an agreed amount claim under an agreement between the Plaintiff and the Defendant at the time of preparation of the transaction balance claim or cash storage certificate for the Defendant has expired by prescription.

Although the Defendant is the representative of the Co-Defendant Company in the first instance trial, he purchased the instant real estate in order to acquire the qualification as a merchant or as a merchant.

It is difficult to recognize that the Plaintiff prepared and provided a cash custody certificate.

The claim for the agreed amount under an agreement made at the time of preparation of the Plaintiff’s purchase and sale balance claim or cash custody certificate against the Defendant cannot be deemed as the application of the five-year commercial prescription period, and the ten-year extinctive prescription period shall apply.

As long as the Defendant and the Co-Defendant Company of the first instance purchased the instant real estate in entirety and ought to be viewed as an indivisible obligation, the Defendant’s obligation constitutes a commercial obligation like the Co-Defendant Company of the first instance trial. However, on the ground that the Defendant’s obligation to pay the purchase price of the Co-Defendant Company of the first instance trial constitutes an indivisible obligation, the Defendant’s obligation to pay the purchase price of the Defendant and Co-Defendant Company of the first instance trial constitutes a commercial obligation identical to the Co-Defendant Company of the first instance trial.

It can be seen as the final agreement on the repayment of the remainder of the obligation to sell and purchase the instant real estate.