1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On February 23, 2016, the Defendant’s introduction of the Plaintiff’s sales agency, as to No. 723 and No. 907 of the C Building, one asset trust, the implementer of which, as the Plaintiff’s sales agent, is a corporation, the Defendant’s sales agent.

3. On July 1, 200, around 1043 (hereinafter “instant 1-3 officetels”), each sales contract was concluded with respect to the instant 1-3 officetels, and around March 7, 2016 and around February 31, 2016, a sum of KRW 30,000,000 (10,000 x 3 rooms) were paid as down payment twice.

B. Around that time, the Plaintiff explained to the effect that, by soliciting the Defendant to sell the above sales contract, it is possible to lend interest-free intermediate payments to the Defendant, and that the intermediate payment financial institution is a cooperative company for one asset trust, and it is not an issue of receiving credit loans from the intermediate payment in the name of the Defendant.

In addition, when the defendant concludes a sales contract, the plaintiff agreed to pay 1,000,000 won per sales contract as commission to the sales agency fee to be paid by the plaintiff.

C. However, unlike the Plaintiff’s explanation, the Defendant, in the name of the Defendant, did not grant credit loans to the total intermediate payments for the instant 1 or 3 officetels, rescinded the sales contract for the instant 1,3 officetels, respectively. On April 11, 2016, KRW 20,000,000, which was paid on the basis of each of the said sales contract, was treated as part payments for the instant 2tel.

Meanwhile, on the other hand, the Plaintiff transferred the Defendant’s account in the name of ASEAN, etc., KRW 3,00,000,000, in total, KRW 500,000 on January 28, 2016, KRW 500,00 on March 4, 2016, and KRW 3,00,000 on March 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2 to 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the parties’ assertion (1) The Plaintiff’s summary of the Plaintiff’s assertion is against the Defendant’s instant officetels.