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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Presumed factual basis
A. C Co., Ltd. (hereinafter “C”) concluded a contract for purchase of apartment site on the ground of Dongducheon-si (hereinafter “instant project”) on March 14, 2007 with the Defendant in the presence of E for the instant project, including the conclusion of the first and second services contract, and KRW 100,000,000, out of the service cost of KRW 800,000 under the first services contract (hereinafter “first services contract”), and paid the remainder of each contract for purchase and sale of the remainder of the land at the time of contract (3. 14, 200,000, KRW 90,000,000, KRW 15,000, KRW 200,000, KRW 5000, and KRW 500,000,000 in the remainder of each contract for purchase and sale of the land in the presence of E for the instant project.
C agreed to terminate the first service contract with the Defendant and E, and entered into a contract for the purchase of the apartment site in the Dilcheon-si D (hereinafter “second service contract”) with the Plaintiff in the presence of E on September 10, 2007, and KRW 100,000 of the service price of KRW 800,000 under the second service contract was paid respectively at the time of the payment of the balance of the land sales contract.
C paid KRW 300,000,000 out of the service price in the first service contract to the Defendant, and paid KRW 217,000,000 out of the service price in the second service contract to the Plaintiff.
B. On March 14, 2008, F, a director of C, such as the drawing up of the instant written statement of performance, issued to the Plaintiff a promissory note with C (hereinafter “instant promissory note”) with a face value of 400,000,000, and the due date on June 20, 2008 for the payment of the secondary service charges to the Plaintiff.
On February 23, 2009, the Plaintiff’s “the Defendant” was out of KRW 400,000,000, which is the amount to be received in return for the instant service, to the Defendant and the executor C by combining the site D in the Dongducheon-si.