A. On August 2017, the Plaintiff and Nonparty C entered into a sales contract with the Defendant to sell to the Defendant KRW 850,000,000 among the purchase price, KRW 190,00 (hereinafter “the instant purchase price”) the D-Powered Vessel E 29 tons (hereinafter “instant vessel”) owned by the Plaintiff and Nonparty C (the Plaintiff’s share 1/10, and shares C9/10), and to pay the remainder of KRW 660,00,000 to the Plaintiff, respectively (hereinafter “the instant sales contract”).

B. According to the instant sales contract, the Plaintiff completed the registration of transfer on August 22, 2017 with respect to 1/10 shares among the instant vessels, and C, September 14, 2017, with respect to 9/10 shares among the instant vessels, based on each of the instant sales contracts, to the Defendant, respectively, and delivered the instant vessels.

C. Since then, the Plaintiff received KRW 10,000,000 in total from the Defendant for the instant purchase price, including KRW 5,000,000 on September 19, 201, and KRW 5,000 on January 24, 2018, respectively.

On the other hand, C promised to pay interest of KRW 18,00,000 to the Defendant for the delay of the payment period of the remainder under the instant sales contract, and agreed to deduct the said interest of KRW 18,000,000 from the sales price to be paid by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is as follows: 64,80,000 won (i.e., 190,000,000 won - 57,200,000 won - 10,000 won - 18,000,000 won - 40,0000 won - 57,200,000 won which the defendant has borne by the non-party F on behalf of the plaintiff. (A) The defendant paid 57,20,000 won to the non-party F on behalf of the plaintiff. The above 57,20,000 won shall be deducted from the purchase price of this case.

B. The plaintiff