1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant for the refund of the purchase price, and the Defendant filed a counterclaim against the Plaintiff for the payment of the remainder of the purchase price and the unpaid settlement amount, and the first instance court accepted all remainder of the claim except the part of the Plaintiff’s damages for delay, and rendered a judgment dismissing the Defendant’s counterclaim in its entirety.

Therefore, since only the defendant appealed against the part of the judgment of the court of first instance, the subject of adjudication of this court is limited to the plaintiff's principal lawsuit and the part against the defendant among the defendant's counterclaim claims.

2. The reasoning for the lower court’s reasoning is as follows, and the reasoning for the lower judgment is as stated in paragraphs 1 and 2 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the first instance judgment is as stated in the main text of Article 420 of the Civil Procedure Act, in addition to adding the lower judgment on new arguments by the Defendant.

[Supplementary portions] The fourth part of the judgment of the court of first instance in the first instance, "the defendant, pursuant to the contract of this case, deducted the amount of KRW 90,63,690,000 paid by the plaintiff from the amount of KRW 40,000,000,000 which was paid by the plaintiff and deducted the amount of KRW 9,063,690,000,000,000,000,000 won which was paid by the plaintiff and the remaining amount of KRW 30,936,320."

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