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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. The reasoning for the court’s explanation on this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of Article 2(b) of the grounds for the judgment of the court of first instance as stipulated in the following paragraph (2). Thus, this part is cited as it is in accordance
2. According to the testimony of the witness E of the trial of the first instance, as to the method of paying the down payment of KRW 100 million under the instant sales contract on November 11, 2017, which is the date of the contract, the Defendant requested that “in-house no passbook exists. There is no passbook now at issue. G (E) request to transfer the down payment.” As to this request, the Plaintiff stated to the effect that “I would put money into the intermediary office, and if I would like to bring money to the intermediary office, I would like to bring money to the intermediary office,” and accordingly, the real estate brokerage office sent to the Defendant at the real estate brokerage office, “I would like to send money to the employee by the intermediary office by the day on which I would transfer the money from the intermediary office by the day on which I would like to send.” On November 13, 2017, E received the notice from the “Plaintiff’s employee of the real estate brokerage office” to the Defendant as “as soon as I would have received the notice from the Defendant.”
the defendant
Recognizing that “the fact that the Plaintiff deposited KRW 100 million down payment into the financial account of the real estate brokerage office staff D on November 13, 2017 is not a dispute between the parties. Therefore, in light of these facts, the Plaintiff and the Defendant did not reach a conclusive agreement on the method of payment of down payment.
However, according to the above evidence and Gap evidence No. 3, the defendant received the down payment KRW 100 million with E around November 15, 2017.