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. Basic facts

A. On December 13, 2013, the Plaintiff was a dentist who operated the “Dental clinic” (hereinafter “instant clinic”) at the 7th floor of Seocho-gu Seoul Metropolitan Government, and entered into a contract on the transfer of the right (hereinafter “instant contract”) with the Defendant, a dentist, who is a dentist, to transfer the instant clinic in KRW 700 million including the interior of the interior and facility, and the down payment KRW 100 million on the day of the contract, and the remainder KRW 600 million on the day of the transfer, transfer, and deposit date.

B. On December 13, 2013, the date of the instant contract, the Defendant paid KRW 100 million to the Plaintiff by account transfer under the instant contract. The Defendant borrowed KRW 400 million from a corporate bank on December 30, 2013.

(No. 5) c.

The name of the instant member was changed from the Plaintiff to the Defendant.

(C) fact that there is no dispute; 2. Sales

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the unpaid transfer price to the Plaintiff pursuant to the contract of this case. Meanwhile, in this case, the Plaintiff is a person who received 100 million won out of the remainder 600 million won from the Defendant. Accordingly, the unpaid transfer price to the Plaintiff is KRW 50 million (=70 million transfer price – down payment KRW 100 million - down payment KRW 100 million).

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 26, 2017 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.

B. The main point of the Defendant’s assertion 1) is that the Defendant, while jointly operating the Plaintiff, etc. with the instant member, entered into the instant contract in the name of the Defendant in order to obtain a loan from the Defendant, and that is, from the Plaintiff, the main point of the Defendant’s argument.