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1. The defendant shall pay 32,560,420 won to the plaintiff.
2. The plaintiff's remaining main claims are dismissed.
3...
Reasons
1. Facts of recognition;
A. On August 23, 2011, the Defendant entered into a sales contract with C Co., Ltd. (hereinafter “C”) on the sales price of KRW 800,000,000 (the sales price of KRW 45,000,000 for intermediate payment, KRW 740,000 for intermediate payment, and KRW 15,000 for remainder payment, and KRW 45,000 for the date of the contract (hereinafter “instant sales contract”).
At the time of the above contract, the defendant and C agreed to the special agreement that "only when the existing contract is cancelled, this contract shall be valid, and the cancellation of the existing contract shall be treated by F, a representative of E (hereinafter referred to as “E”) who is an existing agent of the contract."
B. In addition, between October 6, 201 and C, the Defendant concluded an additional sales contract with the content of selling KRW 1,215,00,000 (a contract deposit amount of KRW 790,000,000, the balance of KRW 425,000,000) as the purchase price, and entered into an additional sales contract with the content of selling a total of 2,587 square meters of the area of G, H, and I forest land (hereinafter referred to as “the instant real estate for the purpose of sale” as the sum of the instant land and D land, which is the neighboring land of the said D land. The contract (Evidence No. 13) also includes a special agreement with the same content as the instant sales contract.
C. On the other hand, C, who was unable to obtain a loan due to bad credit standing at the time of the instant contract, agreed to obtain a loan of KRW 1,540,000 in the name of the Plaintiff in order to pay the purchase price for the instant real estate for the purpose of sale, and the Plaintiff and C prepared a written confirmation of the following contents immediately after the execution of the loan due to the said agreement:
The obligor for a loan of KRW 1,540,00,000 for a loan due to the d, G, H, and I's above index in the Pakistan-si, Gyeonggi-do (Evidence No. 11) is the Plaintiff, but the actual sales contract is C, and therefore the Plaintiff is not at all related to the sales contract and all is liable in C.
F.
C. Pursuant to the agreement in paragraph (1), the Plaintiff is a total of 1,540,000 as listed below.