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The judgment below
The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The acquisition of a contract aiming at the succession of the status as a contracting party is a contract with the intention of one of the contracting parties to comprehensively transfer the status as a party to a contract to a third party by agreement of the contracting party and the underwriter to withdraw from the contractual relationship and to succeed to the status of a third party. In common or in the case of a contract with the intention of transferring the status as a party to a contract to a third party, it is ordinarily possible that two of the parties agree, and that the other parties agree to or consent to it, and it is also possible by implied declaration
(2) In light of the above legal principles, the court below held that the Plaintiff’s payment of KRW 80 million out of the down payment of KRW 1 billion and the Defendant’s payment of the down payment of KRW 200 million to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) did not pay the down payment of KRW 200 million to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and that the Defendant Co., Ltd. (hereinafter “Defendant Co.,, Ltd.”) did not pay the down payment of KRW 200 million to the Defendant Co., Ltd. (hereinafter “Defendant Co.,, Ltd.”), and that the Defendant Co., Ltd. (hereinafter “Defendant Co.,, Ltd.”).