1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On April 8, 2016, the Plaintiff, the Defendant, and C, and D entered into a trade agreement with the purport to sell and distribute profits after purchasing each of their respective shares of 1/4 and purchasing the Seongdong-gu Seoul Metropolitan Government E-gi 85.7 square meters and above-ground housing (hereinafter “each of the instant real estate”) (hereinafter “instant trade agreement”).

B. The Plaintiff and C concluded a contract with F and G (hereinafter “sellers”) to purchase each of the instant real estate in KRW 450 million on the same day, and the seller paid KRW 40 million to the seller as the down payment on the day of the contract, KRW 210 million as the intermediate payment on May 25, 2016, and KRW 200 million as the remainder payment on May 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was agreed with the Defendant that the Plaintiff paid the intermediate payment of KRW 52.5 million among the Defendant’s contributions under the instant business agreement, the remainder of KRW 12,778,290, the design cost of KRW 1350,000, the total of KRW 66,128,290. The Defendant paid the Plaintiff KRW 61,025,000 for the intermediate payment and the remainder of the design cost, and KRW 500,000 for the remainder payment.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 5,103,290 (=66,628,290) -61,025,000 - 500,000) and damages for delay.

B. (1) On May 25, 2016, the date for the payment of intermediate payment, the Plaintiff paid the Defendant’s intermediate payment of KRW 52.5 million to the seller on May 25, 2016 (i.e., the intermediate payment of KRW 210 million: (ii) there is no dispute between the parties concerned; (iii) the remainder payment of KRW 3, 5, and 5, and 6, comprehensively taking into account the purport of the entire pleadings, the Plaintiff, the Defendant, C, and D paid KRW 148,00,000 out of the remainder payment of KRW 20,000,000 (=20,000 won - KRW 148,000)/4,000,000 for each of the remainder payment of KRW 3,50,000 to the seller on May 3, 2016, the date for the payment of the remainder.