매매대금
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as follows, except for the determination of the defendant’s assertion added in the court of first instance as to this case, since the reasoning of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the assertion of addition of the trial room
A. The summary of the Defendant’s assertion is as follows: (a) between H and H on January 12, 2012, the Defendant paid KRW 730 million out of KRW 1.5 billion out of the purchase price; and (b) the remainder KRW 770 million out of KRW 1.2 billion against the Plaintiffs if H win all of the lawsuit claiming the return of unjust enrichment against H, the Defendant shall transfer his claim amounting to KRW 770 million or receive it and pay it (the money shall be KRW 430 million which is received by H) (the money shall be paid by KRW 430 million), and no full loss shall be paid by H. In the foregoing lawsuit, if H were to partly win (the part regarding KRW 430 million loaned to the Plaintiffs). The remainder of the agreement shall be transferred or received by the H’s payment of KRW 230 million out of KRW 430 million pursuant to the judgment.
Since then, the Defendant entered into an agreement with H on August 23, 2012, stating that “The payment method of the balance of the purchase price of the first floor of the instant building shall be null and void with O specified in the two agreements prepared by the Defendant and H on January 12, 2012.” The Defendant, regardless of the outcome of the judgment, agreed that “the Defendant shall not claim any further againstO for the balance of the purchase price of the instant building.”
In accordance with the aforementioned agreement on August 23, 2012, the Defendant and H decided to substitute the Defendant’s payment of KRW 430 million to H in lieu of the Defendant’s loan obligation to H. As such, there is no liability for reimbursement against the Plaintiffs.
B. First of all, the evidence No. 2-1 and No. 3-1 submitted by the defendant as evidence of the above alleged facts is admissible as evidence, since there is no evidence to prove the authenticity.