1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. The assertion and judgment

A. If the defendant, who is the employee in charge of the sales of the non-party company, pays KRW 100 million to the plaintiff while counseling with the plaintiff, sold the sales right within 10 months, and if the problem arises in the sale or resale, the defendant was responsible and recovered, and the plaintiff concluded the sales contract of the apartment of this case and paid the sales price.

Accordingly, the plaintiff entered into the agreement of this case where the non-party company imposes on the plaintiff the responsibility of returning the sale price of KRW 100 million and the interest, regardless of whether or not the right of sale is resold under the defendant's joint and several

However, despite the plaintiff's request, the non-party company and the defendant bear the responsibility to return the sale price, since they did not sell the sale price until ten months have passed since the plaintiff paid the sale price.

Therefore, the defendant is obligated to pay the above sale price of KRW 100 million to the plaintiff and its delay damages.

B. According to the language and text of the instant agreement, the obligation of the non-party company jointly and severally guaranteed by the Defendant, when the Plaintiff requests the non-party company to resell the sale price, is changed to the effect that the non-party company sells the sale price in excess of the total of KRW 100,000 of the sales price and the interest cost within 10 months from the date of payment of the sale price, and it does not mean that the non-party company will guarantee the collection of the sale price paid by the Plaintiff or pay 100,000 won without any condition to the Plaintiff, regardless of

In addition, the Defendant made oral efforts to assume the full responsibility for sale or resale to the Plaintiff.

or the plaintiff.