The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On March 2015, the Plaintiff and the Defendant entered into an agreement on the business of “D” on the fourth floor of the building C in Osan-si and jointly operated the agreement. On February 2017, the Plaintiff and the Defendant decided to sell the said screen golf course due to business difficulties, but there was no consultation on the specific terms and conditions of sale or the timing of purchase, etc.

B. On April 7, 2018, the Defendant concluded a transfer contract with E on the ground of KRW 370 million for the said screen golf course without the Plaintiff’s consent or permission, and received part of the transfer price from E and used it for the purpose of personal debt repayment, etc.

In this regard, the defendant was prosecuted on the charge of embezzlement and was convicted of 8 months of imprisonment on March 27, 2019 and 2 years of suspended execution (Seoul Central District Court 2018Kadan8228), and the above judgment became final and conclusive around that time.

C. On July 13, 2018, the original Defendant and E drafted a written agreement regarding the above transfer contract, and the contents related to this case (paragraph 4 of the written agreement) are as follows:

The defendant shall pay 30 million won to the plaintiff by July 13, 2018, and E shall provide joint and several sureties therefor.

The Defendant shall pay the Plaintiff KRW 100 million, separate from the above KRW 30 million, on condition that the payment shall be made in installments of KRW 50 million on December 31, 2018 and KRW 50 million on May 31, 2019.

The defendant shall lose the benefit of time if he/she violates this even once.

The interest for delay on the said money shall be 15% per annum.

The Defendant lost the benefit of time due to the failure to perform its duty of installment payment under the above 100 million won payment agreement (hereinafter “instant agreement”).

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 1, 2019 to the date of full payment, with the agreed interest rate of 15% per annum from January 1, 2019 to the date of full payment.

B. The defendant is only the defendant.