구상금
All the defendant's appeal and the plaintiff's incidental appeal are dismissed.
Expenses for an appeal and an incidental appeal shall be individually costs.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the following judgments to the Defendant’s new arguments at this court, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
(2) If the Plaintiff purchased the instant land from G, H, and I (hereinafter “G, etc.”) and paid KRW 2 billion out of the purchase price to the Defendant, and the Defendant paid KRW 607,395,570 out of the purchase price in trust to T Co., Ltd. (hereinafter “T”), the Defendant agreed to cover the Defendant’s liability related to the lawsuit at the place of business of the instant construction (hereinafter “place of business of this case”), and thus, the Plaintiff did not pay KRW 607,395,570, which was entrusted to the Defendant for the payment of the Defendant’s liability related to the damages arising from the Plaintiff’s nonperformance of the obligation related to T and G, and thus, the Plaintiff did not pay KRW 205,70,570, the remainder of the Plaintiff’s obligation to compensate the Defendant for damages arising from the Plaintiff’s default of the obligation to pay the Defendant’s damages due to T and G, etc. as set-off against the Defendant’s obligation related to U.V. 205,29705.
However, the Plaintiff’s obligations under the letter or agreement of this case are trusted in T as the reserved money.