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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 10, 2006, the Plaintiff’s wife entered into a sales contract with D Co., Ltd. (hereinafter “D”) to sell KRW 125,00,000 for purchase price of KRW 125,00,00,000 for Gangseoyang-gun E forest E. The Plaintiff’s wife agreed that D will transfer the land located in Gangwon-gun, Gangwon-do and pay KRW 55,00,000 for the remainder of the purchase price to C within six months thereafter.
(hereinafter “instant sales contract”). B.
D The representative director F used the name of the defendant's husband, "G" as the defendant's husband.
C. D was unable to pay C the purchase and sale balance based on the instant sales contract, and the land located in Gangwon-do, which was transferred at the intervals of transfer instead of the said purchase and sale balance, was not transferred.
On May 9, 2010, the Plaintiff entered into a construction contract with H Co., Ltd. (hereinafter “H”) to accept KRW 35,000,000 for the construction cost (hereinafter “instant construction contract”), and KRW 5,00,000 out of the said construction cost, shall be paid as down payment, and KRW 10,000,000 shall be paid as advance payment within three days after the contract is concluded, and KRW 10,000 shall be paid as advance payment, and KRW 10,000,000 shall be paid as advance payment, and KRW 12,00,000 after the commencement of the construction work, and the total progress payment shall be paid as 20,000,000 after the commencement of the construction work.
(The construction contract shall state "the payment of the G president"). (e)
H’s representative was an internal director I, but on November 8, 2010, I resigned from office and the Defendant was appointed as an internal director.
F. On November 4, 2010, the Defendant remitted KRW 5,000,00 to the Plaintiff’s wife C.
G. On November 11, 2010, the Plaintiff and the Defendant agreed on the following terms (hereinafter “instant agreement”) and drafted a certificate of borrowing the same content.
In other words, on November 11, 2010, the Defendant paid KRW 15,000,000 to the Plaintiff, and KRW 5,000,000 among them was remitted to the Plaintiff’s wife C as described in the above paragraph (f). The remainder 10,000.