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 March 10, 2010, the Plaintiff entered into an intermediate payment loan agreement (hereinafter “instant agreement”) with the Defendant on the part payment loan of C Apartments (hereinafter “instant apartment”) constructed in Namyang-si, Namyang-si (hereinafter “instant apartment”).

B. Article 2(1) of the Convention provides that "the total amount of loans handled by the plaintiff shall be KRW 125 billion, and the individual loan limit for the seller shall not exceed 60% of the apartment supplied by the seller in lots, and the actual loan amount shall be the amount desired by the seller within the limit of individual loan, but the contract shall be implemented in advance within the difference (60% of the apartment supplied amount - 200 million won) after the full guarantee letter of the Korea Housing Finance Corporation is first performed." Article 3(4) of the Convention provides that "The payment interest on intermediate payment and the guarantee fee for Korea Housing Finance Corporation shall be paid by the defendant: Provided, That in the event of this nature of the loan which is not repaid or not converted into the total loan after the first day of the designation period of occupancy, the defendant shall pay the interest on the loan immediately to the plaintiff, if the plaintiff requests payment of interest to the defendant," and Article 9(7) of the Convention provides that the seller shall be jointly and severally paid to the plaintiff with the opposing power for the registration of establishment in lots."

C. The Plaintiff, with the loan of intermediate payment under the instant agreement, extended a loan of KRW 1504,801 to A, the seller for sale under the instant agreement, subject to the collection of the full guarantee of the Korea Housing Finance Corporation (hereinafter “first loan”) on September 21, 201, and extended a loan of KRW 7,7140,000 on May 20, 201, below the expiration date of the loan.