1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The plaintiff and the joint plaintiff B of the first instance trial (hereinafter referred to as "B") filed with the defendant a claim against the defendant for the amount of damages equivalent to KRW 86,420,00,00, and KRW 84,150,000 against the plaintiff. The court of first instance dismissed both the plaintiff's primary and conjunctive claims. The plaintiff appealed against the plaintiff's conjunctive claims, and thus, the plaintiff's conjunctive claims are limited to the plaintiff's conjunctive claims.

2. Basic facts

A. The parties’ relationship 1) D Co., Ltd. (hereinafter “D”).

[Defendant-Appellant] Busan Gangseo-gu and 2 lots of land F apartment (hereinafter “instant apartment”).

(1) is the implementer of the new project, and is corporation G (hereinafter referred to as “G”).

(2) The Defendant, at the time, was in office as the head of G. 2) The H Co., Ltd. (hereinafter “H”) was a company that received a subcontract from G to construct the instant apartment, and supplied and constructed floor board materials, etc. to G. The representative director is the Plaintiff, and the inside director is the Plaintiff.

B. 1) On February 15, 2009, the Plaintiff purchased 506 Dong 102, 1.656 million won among the apartment of this case with D on February 15, 2009, but the down payment of KRW 82.82.8 million was concluded a sales contract with D on March 16, 2009, that the intermediate payment of KRW 993.6 million should be paid for the remainder on March 16, 2009, and KRW 576 million on the designated date of occupancy. 2) B B purchased 505 Dong 1.68 billion among the apartment of this case with D on the same day, and the down payment of KRW 1.6 million shall be paid for each of the remainder on March 16, 2009, and the intermediate payment of KRW 1.84 million shall be paid for each designated date of occupancy.