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1. The judgment of the court of first instance is modified as follows.
Defendant Counterclaim Co., Ltd. and Defendant C are jointly and severally.
Reasons
1. In the first instance court, the Plaintiff claimed KRW 50,00,000 as a refund of the purchase price based on the rescission of contract pursuant to the Defendants’ nonperformance, KRW 25,00,000 as compensation for damages arising from the Defendants’ nonperformance, and KRW 10,910,00 as compensation for the removal of the above company L, which is the removal company, and KRW 30,910,00 as compensation for the removal of the above company’s building, respectively. The first instance court accepted only the claim for the penalty portion against I and H, and dismissed the remainder of the claim.
The Plaintiff and both Defendants appealed against the above judgment, and the Plaintiff appealed only on the amount of KRW 50,00,000, which was sought as a refund of the purchase price, and the scope of the judgment per instance is the remainder after deducting the damages claim equivalent to the cost of removing the building from the Plaintiff’s above claim.
2. Basic facts
A. On April 16, 2012, the Plaintiff removed each of the buildings listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 3 and 4 (hereinafter collectively referred to as “each of the buildings of this case”) owned by Defendant C, as the representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). On the other hand, the Plaintiff entered into a contract with the Defendants to pay KRW 50,000,000 for each of the above buildings and the intermediate payment of KRW 4,000 on the date of the above contract, for the materials generated in the process of the removal of the above buildings, and for the air conditioners, four, 4, and 4,00 for the air conditioners installed in each of the above buildings, and for the final mixing (including the mixing facilities attached to the boiler), six (1), and one for each of the vessels (11 for each wind power line and individual repair unit). The Plaintiff paid the remainder to the Defendants on the date of the contract, and the intermediate payment of KRW 400,20000.
B. Around May 4, 2012, an agreement was concluded between the Plaintiff and the Defendants that the Plaintiff shall additionally pay KRW 15,000,000 to the Defendants.
(c).