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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Basic Facts
On December 18, 2009, the Plaintiff sold to the Defendant the amount of KRW 83,100,000,000 for the purchase price of KRW 327,00,00, the Plaintiff and the Defendant agreed to settle the remainder of KRW 19,100,00 on the day, instead of the Defendant’s acquisition of KRW 64,00,00 for the loans on the said land.
(hereinafter referred to as “instant sales contract.” The Plaintiff, at the time of the instant sales contract, was liable for the payment of the loan that the Defendant assumed by the Defendant, and thereafter, was liable to the Defendant. The Defendant did not pay the interest on the loan after the said sales contract. Accordingly, the Plaintiff paid KRW 2,881,00 in total from January 201 to May 201 of the same year.
Meanwhile, by March 2010, the Plaintiff supplied piping materials to “D” operated by the Defendant, and was not paid KRW 2,600,000 out of the price.
around March 2009, E, the Defendant’s wife, received 30,000,000 won from H, and borrowed 30,000,000 won, from H, to the Plaintiff by 2% interest per month. However, the Defendant paid 2,10,000 won, out of the interest to be paid to H.
[Based on the facts that there is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, Eul evidence Nos. 5, and Eul evidence Nos. 5, and the ground for a claim as to the purport of the whole pleadings, the defendant is 22,481,00 won with interest on loans of 2,881,000 won paid by the plaintiff from October 11, 201 to 200 won with the original copy of the sales contract of this case (=2,481,000 won with interest on loans of 2,60,000 won paid by the plaintiff from the remainder of the sales contract of this case) excluding the amount paid by the defendant for the debt of this case to H in lieu of the defendant's debt of this case (=24,581,000 won - 2,100,000 won with the remaining payment date of the sales contract of this case, and the remaining payment date of the sales contract of this case from the date of delivery of piping materials.