The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be amended as follows:

The plaintiff.

The court of first instance accepted part of a claim for damages caused by nonperformance of an obligation and dismissed the remainder of the claim. However, the court did not render any judgment on the selective claimant’s claim for damages caused by nonperformance of an obligation.

In regard to this, both the plaintiff and the defendant appealed, and both claims are subject to the judgment of this court (see Supreme Court Decision 2009Da12580, May 27, 2010). 2. The reasons for this part of the basic facts are the corresponding part of the reasoning of the judgment of the first instance except for dismissal or addition as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 5th page 6 of the judgment of the court of first instance is the witness of the first instance as "the witness of the first instance court".

The 5th of the judgment of the court of first instance, "this Court" in the 7th of the judgment, shall be "the court of first instance".

3. Determination

A. The gist of the Plaintiff’s assertion and the Defendant jointly established a corporation through the agreement in this case, and purchased the instant commercial building in the name of the corporation, and the Plaintiff agreed to proceed with the sales business of the commercial building as a sales agent to divide the sales proceeds according to the internal share ratio. Accordingly, the Plaintiff established K K Co., Ltd. and purchased the instant commercial building from H in its name. Accordingly, the Defendant is obligated to act on behalf of the Plaintiff to carry out the sales business of the commercial building in this case as stipulated in the agreement in this case.

Nevertheless, the Defendant did not deliver to the Plaintiff the dividing plan, etc. of the instant commercial building that he received from H, and established L with the exclusion of the Plaintiff, thereby allowing the Plaintiff to proceed with the sales business of the instant commercial building.