The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. On September 15, 2015, C Co., Ltd. (hereinafter “C”) entered into a supply contract with Nonparty D with the same content as the attached Form (hereinafter “instant supply contract”).

B. On November 18, 2015, D transferred the status of the buyer under the instant supply contract to Nonparty G, and the Defendant succeeded to the status of the buyer from G on December 9, 2015.

C. C designated the expiration date of the designation period of occupancy by the buyer under the instant supply contract as November 30, 2017.

The Defendant borrowed an intermediate payment of KRW 139,320,000 from H Bank under the instant supply contract as a collective housing loan from H Bank, and C jointly and severally guaranteed the Defendant’s above loan obligation.

E. C subrogated 4,745,361 won as interest on the above loan obligation (the portion incurred from September 31, 2017 from the payment date of the first installment) to Hbank, and thereafter subrogated 139,320,000 won as principal and interest on the above loan obligation (the portion incurred from October 1, 2017 to February 13, 2018) on February 13, 2018.

F. On February 26, 2018, C notified the Defendant of the cancellation of the instant supply contract as of March 1, 2018, based on Article 2(1)2 of the supply contract where the sales amount (including the principal and interest of intermediate payment loans that C has repaid) is not paid by February 28, 2018, which was three months after the expiration date of the occupancy designation period.

G. On August 13, 2018, C transferred to the Plaintiff all of the claims owed to the Defendant regarding the instant supply contract, and on November 13, 2018, upon the delivery of the copy of the instant complaint, C notified the Defendant of the said assignment of claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8, 9, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact of recognition of liability for damages, the instant supply contract is due to C’s nonperformance of the Defendant’s obligation to pay the remainder.