1. Defendant (Counterclaim Plaintiff) Construction Co., Ltd. in the judgment of the first instance court.

1. Basic facts

A. The Plaintiff Sejong Industry Co., Ltd. (hereinafter “Plaintiff Sejong Industry”) is a company that manufactures and sells ready-mixed. Plaintiff A is an employee of the Plaintiff Sejong Industry, Defendant Sung Il-gun Construction Co., Ltd. (hereinafter “Defendant Sung Il-gun Construction”) is a company that constructs and sells “C apartment” on the ground of the 4 lots outside Gyeonggi-gun B, and the National Agricultural Cooperative Federation is a financial institution that sells the above apartment sold by Sung Il-si Construction. The National Agricultural Cooperative Federation is a financial institution that executes the so-called intermediate payment loan to the buyers of the above apartment.

B. While the Plaintiff Sejong Industries had purchased the above apartment building Nos. 101 and 201 (hereinafter “the apartment of this case”), the Plaintiff Sejong Industries was unable to obtain an intermediate payment loan under the name of the Plaintiff Sejong Industry, and the Plaintiff, an employee, entrusted the name of the Plaintiff A to enter into a sales contract with the Defendant Sung Il General Construction Contract.

C. Accordingly, on November 7, 2007, Plaintiff A entered into a sales contract for the instant apartment with Defendant Sung Il-il Construction with the selling price of KRW 282,870,000 for the instant apartment (hereinafter “instant sales contract”) and paid in installments as follows.

The first intermediate payment of KRW 28,287,00 on November 28, 2007, 14,143,000 on the date and time of payment, and KRW 32,430,00 on November 207, 207, the first intermediate payment of KRW 28,287,000 on December 20, 207, 200 on December 28, 2007, the second intermediate payment of KRW 287,00 on December 28, 2007, KRW 5,00 on December 20, 207, the second intermediate payment of KRW 5,287,00 on January 28, 208, the third intermediate payment of KRW 6,287,00 on May 28, 200, KRW 287,000 on April intermediate payment of KRW 7, 200 on May 28, 2008; and

D. In addition, the Plaintiff A added options to balcony, floor finishing materials, etc. on the date of the contract by concluding an options contract regarding the instant apartment on the same day with Defendant Sung Day Construction Co., Ltd. on the same day as the remainder at the time of payment of the intermediate payment of KRW 5,800,000 and the remainder of the sales price of KRW 7,250 until September 20, 208.