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1. The Plaintiff’s appeal against the Defendants and the Defendant B Company were added in this court as preliminary.
Reasons
1. The grounds for this part of the basic facts are as follows: ① The "contract amount" of the first instance judgment No. 4, No. 5, No. 4, No. 15, and No. 5, and No. 12 shall be deemed as "agreement amount"; ② In the case of “Article 3” of the first instance judgment No. 4, No. 22, and No. 5, the grounds for this part are as stated in the reasoning of the first instance judgment, except for the case of each dismissal, Article 3, and therefore, they shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. The summary of the claim for damages against the Defendants is as follows: (a) the Plaintiff entered into the instant agreement with Defendant B, C, and the Plaintiff agreed to obtain a PF loan from Defendant B to pay KRW 4.35 billion with the purchase price of the entire land of this case; and (b) the Plaintiff agreed to obtain cooperation necessary for the PF loan from Defendant B and C.
However, in violation of the instant agreement, Defendant B and C did not perform the duty to cooperate with the PF loan by refusing the request for the PF loan in the name of Defendant B.
In addition, at the time of concluding the instant agreement with the Plaintiff as the agent of Defendant B and C, Defendant D, despite having no intent or ability to allow the Plaintiff to obtain the PF loan under the name of Defendant B, deceiving the Plaintiff as if he could receive the aforesaid PF loan.
Therefore, the Plaintiff cancelled the instant agreement on the grounds of Defendant B and C’s nonperformance of the obligation to cooperate in the PF loan, and cancelled the instant agreement on the grounds of Defendant D’s deception. In other words, the amount that the Plaintiff paid to the Defendants as compensation for damages incurred therefrom, namely, ① KRW 100,000,000 converted into the agreed amount of the instant agreement, ② KRW 40,000 paid as the down payment under the sales contract for the instant adjoining land, ③ Civil engineering design contract deposit, construction design contract deposit, and design outsourcing service for the entire land.