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1. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant), Plaintiff (Counterclaim Defendant), and Plaintiff (Counterclaim Defendant) were KRW 82,632,00, and Plaintiff (Counterclaim Defendant) were KRW 167,44,00 and each of the above.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) D Co., Ltd. (hereinafter “D”) is a company that carries out the business of newly constructing and selling the E and the 8th ground F (hereinafter “instant hotel”) on a racing-si. The Defendant is a trust company entrusted by D with the implementation of the instant business, and the Defendant constructed G Co., Ltd. (hereinafter “G”) as a contractor.
H Co., Ltd. (hereinafter “H bank”) is a bank in which part payments were given to both parties of the hotel of this case.
2) On September 2015, Plaintiff I (hereinafter “I”) entered into an advertising agency contract with D for the sale of the hotel of this case and performed the advertising agency work. At the time, Plaintiff A was in office as the representative director of Plaintiff I, Plaintiff B was in office as the I director, Plaintiff J (hereinafter “J”) entered into a sales agency contract with D around September 2015 and carried out the sales agency work as the sales agency work. At the time, Plaintiff A was the actual owner of J.
B. D Concluding the sales contract of D sold to K L out of the instant hotel (hereinafter “L”) to K, M N (hereinafter “N”) and P (P) to P (hereinafter “P”) respectively.
K received L’s down payment of KRW 20,658,00,000, total of KRW 10,658,000 on April 1, 2016 and KRW 20,658,000 on April 4, 2016 (i.e., KRW 10,000,000; KRW 10,658,000); and M paid KRW 17,767,000 on February 18, 206; KRW 00,00 on March 3, 2016; KRW 20,767,000,000 (= KRW 17,767,000; KRW 3,000; KRW 3,000 on June 3, 200, KRW 3005; KRW 16,000 on the deposit under the name of the Defendant designated by D, respectively, and paid KRW 36,005,000 on the deposit.
(c)
D The management-type land trust contract between D and the defendant.