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1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 282,252,918 from the plaintiff.
Reasons
1. Basic facts
A. The Defendant newly constructed D with the 2nd above ground and 7nd above ground level in Namyang-si, Namyang-si (hereinafter “E”).
B. On May 6, 2011, the Defendant concluded a sales agency contract with F Co., Ltd. (hereinafter “F”) with the following content.
The E Representative B et al. of this Agreement shall be
and F Representative G et al. hereinafter referred to as 'F Representative G et al'
The purpose of this contract is to prepare two copies of the contract in order to conclude and prove the contract in order to carry out the sales agency business and to keep them in one copy, signed and sealed by each Party A. Article 3 (Sales Price and Payment Method) ① The sales price may be adjusted in consultation with Party A: Provided, That the sales price may be adjusted in consultation with Party B at the time of the second part payment of the down payment, 20% at the time of the second part payment of the down payment, 20% at the time of the second part payment of the down payment, 20% at the time of the contract, 40% at the time of the third part payment of the down payment, 3 months after three months at the time of the contract. ② The payment method of the sales price is as follows. ① The sales agency fee to be paid by Party B shall be 9% of the sales price (including the sale price, additional tax tax (including the advertisement price and the previous part) at the time of the contract, 50% after the receipt of the intermediate payment, and 10% deposit price shall be paid directly to Party A and Party B.
The sales price shall not be received from the buyers of the accounts designated by B or B by the employees of B.
C. Meanwhile, the number of units E 403, 501, 601 E 601 is “the instant store.”
In this regard, the joint collateral mortgage, which consists of 2,078,400,000 won of the maximum debt amount, was established.
Under the following, "A" refers to the defendant, and "B" respectively to the plaintiff.
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