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. Facts of recognition;

A. On November 12, 2004, the Defendant entered into a sales contract with the Plaintiff (hereinafter “instant sales contract”) with the content that the Plaintiff sells a total of KRW 546 square meters of 8,054 square meters of C Forest land and 16 square meters of 30,054 square meters of 16 square meters of 181 square meters of 72,40,000 of road shares (hereinafter “instant sales contract”). On November 12, 2007, the Defendant agreed to terminate the instant sales contract, but did not implement the contract with the Plaintiff, but did not implement the contract with the following payment note.

By November 2007, I agree to refund the purchase price by calculating it as KRW 600,000 per square year.

If it exceeds the deadline, I will pay the interest of the second installment of each month on the condition that it does not exceed the deadline in 2007.

B. On July 24, 2008, the Defendant prepared a written confirmation stating that “The principal of the purchase price to be returned (Plaintiff 72,400,000, KRW D67,600,000, KRW 140,000 in total) shall be paid in 25,200,000 won (= KRW 140,000 x 0.02 x 9 months) including the end of November 2007 to August 30, 2008.”

C. Meanwhile, around December 2008, the Defendant returned KRW 39,500,000 to the Plaintiff as the restitution following the termination of the agreement of the instant sales contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination on the cause of the claim, the Defendant, based on the agreement on the sales contract of this case, is obligated to pay the Plaintiff KRW 108,60,000 calculated as the purchase price of KRW 600,00 per square year as agreed upon by the Defendant, and interest KRW 18,824,00 (= principal amount of KRW 72,40,000 x 0.02 x 0.02 x 13 months x 13 months from the end of November 2007 to the end of December 2008). Since the Defendant paid KRW 39,50,000 to the Plaintiff around December 2008, the Defendant appropriated the interest and principal amount of KRW 39,50,000 in the order of priority, KRW 18,284,00,00 in the interest and principal amount of KRW 284,00,00.