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The judgment of the first instance court is modified as follows.
A. Defendant B: (a) KRW 67,523,000 on September 13, 2018, and as to the Plaintiff.
Reasons
1. The reasoning for this part of the lower court’s reasoning is as follows: (a) the corresponding part of the reasoning of the first instance judgment (Article 420 of the Civil Procedure Act) is the same as that of the second instance judgment, except for deletion of “A 8,” “A 7,” which is the third and seventh of the judgment of the first instance; and (b) thus, (c) the same is acceptable pursuant to the main sentence
2. The plaintiff's assertion
A. On May 15, 2014, the Plaintiff entered into a sales contract with Defendant B on the instant apartment F, which stipulates that the sales price shall be KRW 38,130,00 (hereinafter “sales contract on the instant apartment F”), 238,173,00 of the sales price shall be actually paid (hereinafter “actual payment”), and the remainder of KRW 149,957,00 (hereinafter “ withheld sales price”) shall be KRW 149,957,00 after three years from the date of the sales contract, with Defendant B agreed to pay the sales price plus KRW 30% of the sales price and the sales price set forth above (hereinafter “the instant special agreement”). The Defendant B paid KRW 17,173,00 among the sales price and the sales price, KRW 30,00,000 as the basis for the sales price and KRW 308,208,008,000 among the sales price and KRW 300,508,208.
Therefore, Defendant B is obligated to pay to the Plaintiff the remaining actual payment of KRW 67,523,00 (=238,173,000 - KRW 170,650,000) and the sales price reserved (=388,130,000 - KRW 238,173,000 - 238,173,000) and the delayed damages therefrom.
B. On May 13, 2014, the Plaintiff, as the cause of the claim against Defendant C, entered into a sales contract for the instant apartment G with Defendant C on the purchase price of KRW 388,130,00 (hereinafter “sale contract for apartment G”), and as in the case of Defendant B, 238,173,000 out of the sale price is the actual payment, and the remaining KRW 149,957,000 out of the sale price is the reserved sale price, and the apartment G market price in the instant apartment G after three years from the date of the sale contract is the total amount.