The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On February 29, 2016, the Plaintiff’s fraud: (a) as to Suwon-si D Building E (hereinafter “the instant loan”), the purchase price is KRW 153 million between the Defendant and the Defendant; (b) as to the collateral security obligation set out in the said loan, the Defendant acquired KRW 71 million; and (c) as to the remainder of KRW 82 million, the Plaintiff deducted the rent for temporary property leased from the Defendant; and (d) KRW 22 million was later appropriated for the rent for temporary property leased from the Defendant; and (e) the remainder of KRW 10 million was paid to C when the Defendant moved in the above loan.

1. The defendant shall be paid KRW 7.5 million to C, which shall be paid in five installments, which shall be paid in 1.5 million won per the tenth day of each month from April 10, 2019 to August 10, 2019. On the other hand, if the defendant delays each of the above payment dates on one occasion, he/she shall lose the benefit of the deadline, and immediately pay the unpaid amount in full, but the unpaid amount shall be paid in addition to the damages for delay calculated at the rate of 15% per annum from the day following the day of delay until the day of full payment.

2. The defendant shall not claim all of the money to the plaintiff as the head of C.

3.(a)

C waives the remainder of the claim.

B. We affirm that there is no obligation between C and the defendant except as provided in the above provisions.

B. On December 28, 2018, C filed a lawsuit seeking a total of KRW 32 million against the Defendant on the ground that “after the conclusion of the instant loan contract, the Defendant did not rent out the temporary materials equivalent to KRW 22 million to the Plaintiff, and did not pay the remainder of KRW 10 million to himself/herself,” (U.S. District Court Decision 2018Da33769),” and on March 8, 2019, mediation, including the following, was concluded:

(hereinafter referred to as the “instant protocol of mediation”) written thereon is C.

On the other hand, the plaintiff on January 23, 2019, "the defendant will pay to the defendant the plaintiff on the occupancy date of the loan of this case.