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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts are acknowledged, either there is no dispute between the parties to the facts of recognition, or in full view of the entries of Gap evidence 1 to 4 and Eul evidence 4 (including, if any, the numbers are included), and the testimony of the witness C of the first instance trial, as a whole, of the purport of the pleadings:
A. On November 2006, the Plaintiff received from the Defendant via C the request from the Defendant to sell the leased right to the stores located in Jung-gu, Seoul (hereinafter “instant shopping district”). On November 30, 2006, the Plaintiff received KRW 112,600,000 from the Defendant to the Plaintiff’s account as the selling price, and the Defendant was finally entitled to receive KRW 87,40,000 from the Defendant on May 25, 2007, as the additional selling price.
Amount paid on the date of November 30, 2006 KRW 200,000,000 on May 25, 2007, in total, KRW 87,400,000,000.
B. On July 12, 2007, through the Plaintiff and C, the Defendant concluded a contract under which the sales price per unit of the right to lease was KRW 119,350,000 between the Plaintiff and the sales agent of the instant commercial building, which was KRW 119,350,000 (hereinafter “instant sales contract”).
C. Accordingly, the Plaintiff paid a total of KRW 238,700,000 per unit ( KRW 119,350,000 per unit x 2 unit) from July 11, 2007 to October 23, 2009 as sales price pursuant to the instant sales contract for the Defendant.
The payment amount of KRW 44,80,000 on July 11, 2007, 200 on July 2007, 2007, KRW 35,805,805,800 on September 27, 2007, as of September 27, 2007, 200, KRW 35,805,800 on March 25, 2008, KRW 35,805,000 on July 25, 2008, KRW 17,902,50 on December 26, 2008, KRW 17,902,50 on December 29, 200 on December 23, 207, KRW 207, KRW 80,000 on October 27, 200, KRW 37,208; and
D. On March 26, 2012, the Plaintiff notified the Defendant that the sales price of KRW 13,500,000 under the instant sales contract that the Plaintiff paid on behalf of the Defendant was paid to the Plaintiff.