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 reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the judgment that the defendant emphasizes or added to the above court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Article 3(1) of the Additional Agreement between the Plaintiff and the Gyeyang Construction Industry, which entered into around February 2010 between the Plaintiff and the Dongyang Construction Industry, stipulates that the same construction industry shall be immediately repaid when the Plaintiff claims the payment of the outstanding principal and interest of the loan after six months from the expiration of the occupancy period, and the Plaintiff shall bear the obligation to pay the interest of the loan until the repayment period. Since the Plaintiff received the Defendant’s claim to return the sale price for the Dongyang Construction Industry, the principal and interest remaining after the lapse of six months from July 2010, which is the occupancy period, should be repaid from the Dongyang Construction Industry, and cannot be claimed to the Defendant.

B. Around June 2008, the Plaintiff and Yangyang Construction Industry concluded a Loan Agreement with the purport of "1. Recognizing the fact that, in the event that the Plaintiff extended intermediate payments to the buyers of the instant apartment house under joint and several guarantee of the Gyeyang Construction Industry, and the sales contract is cancelled between the buyers and the Gyeyang Construction Industry, the sales price to be refunded shall be preferentially appropriated for the repayment of the above loan," and according to the purport of the written evidence and arguments in the evidence No. 11, No. 11, No. 2, and No. 7, the Plaintiff and Yangyang Construction Industry entered into the said Loan Agreement with the Plaintiff and Yangyang Construction Industry around February 2010. Article 3 (1) of the said Agreement regardless of the cancellation or termination of the sales contract, the Plaintiff may claim repayment of the principal and interest of the loan to the buyer, and in such case, the Yangyang Construction Industry shall pay the principal and interest of the loan immediately with the buyer and the buyer.