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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Determination on the refund of the advance payment and the claim for the amount of the advance payment
A. The Plaintiff’s assertion 1) The Plaintiff paid 85,150,000 won to the Defendant as the advance payment, and the Defendant supplied the Plaintiff with the amount equivalent to KRW 80,175,590, and thus, the amount of KRW 4,974,410, which is the difference, should be returned. In addition, the Plaintiff supplied 19,150,340 won to the Defendant. Since the Defendant paid 3,151,180,000 won to the Plaintiff as the deposit amount, the Defendant paid 15,99,160 won to the Plaintiff. Accordingly, the Defendant is obliged to pay the Plaintiff the remainder of the deposit return and the deposit amount as the sum of the deposit amount.
Therefore, even if the Defendant deducts the amount of KRW 19,452,675 from the amount of KRW 80,175,590 that the Plaintiff supplied to the Plaintiff, and the amount of KRW 45,00,000 from the amount of KRW 19,452,675, and the amount of KRW 45,000 from
In addition, the defendant paid KRW 7,561,270 to the plaintiff as the price for the land in 2016.
B. (1) Determination 1) The Plaintiff paid KRW 45,00,000 in advance to the Defendant who engages in the wholesale business, etc. for the purpose of the discontinuance of the sale; and the Defendant supplied KRW 80,175,590 in aggregate to the Plaintiff from around 2014 to 2016, there is no dispute between the parties. Meanwhile, comprehensively taking account of the following circumstances, the Plaintiff’s evidence Nos. 1, 2, 4, 6, and 7 (each of the items included in the number of branches, recognized as a whole comprehensively taking into account the purport of the argument as to each of the above 45,00,000 won as well as the above 45,00,000 won as the advance payment to the Defendant on June 5, 2014; KRW 19,000,0000; KRW 14,000, KRW 14,000, KRW 14,015,000.