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1. Of the judgment of the court of first instance, the judgment against the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment of the principal lawsuit.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. The plaintiff sought the return of the loan as principal claim, and the defendant sought the payment of the amount equivalent to the down payment paid on behalf of the plaintiff as a counterclaim and a brokerage commission.
The first instance court, among the defendant's counterclaims, accepted the plaintiff's claim for the amount equivalent to the down payment paid on behalf of the plaintiff, and dismissed the plaintiff's claim for the principal lawsuit and the defendant's remaining counterclaim
The part of the judgment of the court of first instance regarding the part against the plaintiff among the main claim and the part against the plaintiff among the counterclaim (the part concerning the acceptance of the defendant counterclaim), and since this court added the claim for damages caused by a tort to the conjunctive claim, the scope of the judgment of this court is the part concerning the plaintiff's main claim (including the preliminary claim) and the claim for the payment of the amount equivalent to the down payment
2. Basic facts (1) The Plaintiff and the Defendant purchased the right of sale of the Busan Fung-gu C apartment, which the real estate broker borrowed the name of a third party and purchased from the E-area Housing Redevelopment and Improvement Project Association (hereinafter “SY”) and then sold it again to the third party.
(2) The Plaintiff transferred to the Defendant account the total sum of KRW 13 million to be used for the purchase of the above two apartment units, as follows: (3) whether there was an additional legal act between the Plaintiff and the Defendant; and (4) the issues are determined in Section 4).
(C) The Defendant, on October 27, 2014, paid KRW 1,300,000 to KRW 1,20,000 on October 30, 2014, KRW 53 million on KRW 4,5,000 on KRW 4,00 on November 1, 2014; hereinafter “instant KRW 1,3 million”). On October 3, 2014, the remittance amount per order was KRW 5,000 on KRW 30,00 on October 30, 2014, KRW 30 million on KRW 4,00,000 on KRW 1,00 on November 30, 2014, KRW 1,003,00 on KRW 5,00 on May 4, 2014, KRW 300,000 on KRW 1,300,00 on May 14, 2014.