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1.The following amounts, among the parts concerning the preliminary principal lawsuit in the judgment of the court of first instance, shall be payable:
Reasons
1. Facts of recognition;
A. The Plaintiff, such as the relationship between the parties, had resided in the Sungnam-si and operated the automobile repair business from around 1993 with the trade name “I” in Sungnam-si, Sungnam-si.
The defendant, who is the plaintiff, has been engaged in the concentrated industry by living in the field of rice production and cultivating farming houses or Korean cattle farms.
B. (1) On June 16, 1997, C purchased the purchase price of the land listed in attached Table 1 (hereinafter “instant land”) from the Korea Land Corporation, and C purchased 186,970,000 won from the Korea Land Corporation. The down payment of KRW 18,697,000 on the date of the contract, and the first installment of KRW 42,273,000 on the date of the contract, and the second installment of KRW 42,00 on the date of December 16, 1997; the second installment of KRW 42,00,000 on June 16, 1998; and the third installment of KRW 42,00,000 on an installment of KRW 42,00 on an installment of KRW 42,00 on December 16, 1998; and the sales contract was concluded to pay the down payment to the Korea Land Corporation 10,70,000 on June 16, 1999.
(2) In around 197, the Plaintiff purchased the instant land to the Defendant and newly constructed a building at that place, and recommended the Defendant to operate a traditional Korean-style restaurant. Accordingly, the Defendant delegated the Plaintiff with the purchase of the instant land.
On November 6, 1997, the Plaintiff purchased the right to sell the instant land at KRW 71,197,00 with the Defendant’s delegation. The Plaintiff entered into a sales contract with the content that the purchaser shall pay the purchase price (hereinafter “instant sales contract”) in its own name during the period from November 6, 1997 to January 6, 1998, and paid KRW 60,000,000 in total as shown below [Attachment 1].
[Attachment 1] The amount of 10,000,000 won on November 6, 1997 from the date of payment No. 10,000,000 on November 25, 21997, and the sum of KRW 60,000,000 on December 10, 197,000 on December 10, 1997, and KRW 60,000,000 on January 6, 1998.