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 court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[In particular, the argument that the Defendant mainly brought in the trial at the trial is not permissible as it is against the principle of trust and good faith to the Defendant’s assertion that the Plaintiff mainly responsible for causing nonperformance of the obligation under each of the instant agreements. However, if the obligee’s exercise of right is impossible to pay it in light of the good faith principle, it may be exceptionally permissible to deny it. However, if the obligee’s exercise of right is impossible to do so, it may be a serious threat to the principle of private autonomy or legal stability, and thus, it may cause serious threat to the principle of private autonomy or legal stability (see, e.g., Supreme Court Decision 2012Da64253, Oct. 15, 2015). In full view of all the circumstances and evidence presented by the Defendant as the grounds for the above argument up to the trial at trial, it is difficult to view that the Plaintiff’s demand for the Defendant to perform the obligation to repay under each of the instant agreements is against the principle of trust and good faith, and thus, the Defendant’s defense cannot be accepted.