약정금 및 구상금
1. Of the judgment of the first instance court, the part concerning the first claim is modified as follows:
The defendant (i) is the plaintiff.
1. Basic facts
A. (i) The Plaintiff and the Defendant are the students of high school who have the same relationship with each other.
Luxembourg around 2008, the Defendant served as the head of the investment analysis office of C Co., Ltd (hereinafter referred to as “C”) with the main purpose of real estate development-related business.
B. On February 9, 2007, on February 9, 2007, on the date of the establishment of land E-land classification for the real estate owned by C and the relation of the rights of the said real estate, the establishment of a neighboring forest land registration was completed with the following descriptions as to the amount of KRW 134,400,000,000 for the maximum debt amount of the National Agricultural Cooperative Federation Federation G-mortgage-based National Agricultural Cooperative Federation (hereinafter “C-mortgage”) and KRW 5732,00,000,000 (hereinafter “E land”).
B. B. C. each acquired D land on March 7, 2008, and from January 11, 2008 to April 1, 2008, 2283/5732 shares in E land (i.e., January 11, 2008 1330/5732 shares on March 7, 2008 827/5732 shares on April 1208).
C. (i) The Plaintiff entered into a real estate sales contract between the Plaintiff and C upon the Defendant’s recommendation, and around January 2008, the Plaintiff agreed to purchase KRW 55,000,000 of the land owned by C as KRW 55,000 per square day (hereinafter “the first sales contract”), and paid KRW 55,00,000 of the purchase price to C on January 11, 2008; and KRW 20,000 of the intermediate payment on January 22, 2008; and KRW 30,000,000 of the balance on February 15, 2008.
B. On March 12, 2008, the Plaintiff, upon the Defendant’s recommendation, agreed to purchase KRW 38,500,000 from C of the land owned by C of KRW 70,00 (hereinafter “the second sale contract”) and paid KRW 34,960,00 at a discount of KRW 34,960,00 as a temporary payment, to C of April 2, 2008.
Referencely, between the plaintiff and C, a sales contract was prepared in accordance with the first and second sales contract.