1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. On November 21, 2017, the Plaintiff prepared a sales contract with the Defendant with the following terms.

(1) A party to a contract, (1) a trustee and a seller (a): C Co., Ltd., (3) a truster and a beneficiary: D, and (4) a buyer: Defendant (2): The sale price for E-building F (a contract area of 130.6581m2): 208,900,000 won (a contract area of 10,000,000 won): 10,000 won for down payment (a contract amount of 10,000,000 won), and 2 months after the second contract.

Article 2 (Cancellation of Contract) (1) In case where a buyer has committed an act falling under any of the following subparagraphs, A (Buyer) may cancel this contract after giving a peremptory notice:

6. Where a loan institution makes a payment by subrogation (return of sale price) to a loan institution Gap due to a cause attributable to B after obtaining a loan from a loan institution from a loan institution under a loan agreement, or where a financial institution requests a loan institution to repay the principal and interest of loan to A pursuant to a loan agreement concluded separately with a financial institution Gap, if the payment by subrogation cannot be resolved even if the grace period of at least 14 days has been set and the peremptory notice has been given at least twice, even if the cause for the request by subrogation is not reached, Article 3 (Penalties) (1) through (2) shall belong to the penalty for breach of contract

(5) Where this contract has been terminated, Eul shall repay the principal and interest of loan (including the total amount of loan interest paid as a loan to a lending institution on behalf of Eul) to Eul.

B. The Defendant paid 10 million won as part of the down payment pursuant to the above sales contract, and the intermediate payment received a loan from G Association pursuant to the loan agreement.

C. However, the Defendant did not properly repay interest, etc. on the above intermediate payment loans, thereby losing the benefit of time, and the Plaintiff against the Defendant.