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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The defendant is a party. 1) A commercial building E on the land and 3 lots of land around 2003, 1, and 3, 2003 (hereinafter "E shopping mall").
) New construction, and around 2004, Pyeongtaek-si F shop (hereinafter referred to as “F shop”)
2) The Plaintiff is a representative director of the non-party company. The Plaintiff is a company that has been in charge of the sales agency business upon a request from the Defendant for the sales agency of E and F. The Plaintiff is a representative director of the non-party company.
B. Around February 2006, the buyer filed a lawsuit seeking damages against the Defendant (U.S. District Court 2006Gahap398) on the following grounds: H et al., the buyer purchased E shops from the Defendant’s provisional attachment against the Defendant’s owner of the FC (hereinafter “E buyers”) and ten others (hereinafter “the buyer of E”) caused defects, such as the defect of the EM auxiliary pumps, the defect of the fire-fighting pumps, and the leakage of the fire-fighting pumps; and on the other hand, around February 2006, the buyer attached 20 stores, including FC 201.
(C) The District Court 2006Kadan100081, the claimed amount of KRW 165,000,000.
(2) On February 26, 2006, the Plaintiff paid KRW 10,000,000 to G for 27 days between the E Management Director, the representative representative of the buyers, E, and the E, the E, the E, the E, the E, the E, the E, the E, the E, the E, the E, the buyer, and the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, and the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, and the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, the buyer, and the buyer
3. By the end of 26.26, 10,000 won shall be paid.
The reasons for payment: Preparation of a letter of non-acceptance of agreement stating "Withdrawal of the provisional attachment and withdrawal of lawsuit" (hereinafter referred to as the "agreement in this case"), and on February 27, 2006, upon the plaintiff's request, the plaintiff sent KRW 10,000,000 to the account he designated by G to the defendant upon the plaintiff's request on February 27, 2006, the plaintiff paid KRW 92,000,000 to the defendant to enter into a parcelling-out agency contract with the defendant around 204, but the defendant returned to the plaintiff KRW 92,00,000.