A claim filed by the Plaintiff (Counterclaim Defendant) for a preliminary claim added by this Court, and a claim extended by the Defendant (Counterclaim Plaintiff).

The scope of the judgment of this court is the principal lawsuit, and the defendant is the counterclaim, and the defendant is the remainder under the sales contract, the interest under the sales contract, and the claim for reimbursement against the amount of using the corporate card. The first instance court dismissed the plaintiff's principal lawsuit, and the second instance court partially accepted the part of the office among the defendant's counterclaim, and the second instance court dismissed the part of the office of the defendant's counterclaim.

As to this, only the plaintiff appealed against the losing part and the defendant added the conjunctive claim in exchange for the purport of the counterclaim, the scope of the judgment of this court is limited to the main claim and the main claim added by the plaintiff in the trial, and the main claim and the main claim added by the plaintiff in exchange for the counterclaim that the defendant changed.

Basic Facts

The Plaintiff supplied cement from C Co., Ltd. (hereinafter referred to as “C”) to a company engaging in cement processed products manufacturing and selling business, etc., and offered real estate as security for the payment of the price.

D (a) The actual operator of the Plaintiff, who was appointed as the representative director of the Plaintiff at the time of the trial) concluded a sales contract (hereinafter “the sales contract of this case”) with the Defendant with the following contents, on May 21, 2009, with the purchaser’s name H (the spouse of P at the time of the Plaintiff’s audit), I (the current shareholder of the Plaintiff), and J (D), in order to provide the Plaintiff with additional security as to C, by purchasing the land of 1,269 square meters for gas stations in Gyeonggi-gun, Gyeonggi-do and its ground G gas stations, F large scale 394 square meters (hereinafter “instant real estate”).

The defendant of the real estate sales contract is to sell the real estate of this case to H, I, and J (hereinafter referred to as the "Buyer") and it is guaranteed by K Co., Ltd. (hereinafter referred to as "K"), as follows: