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1. Of the part against Defendant B of the first instance judgment, the part against the Plaintiff ordering payment shall be revoked.
Reasons
1. Grounds for the court's explanation concerning this case are stated by the court of the first instance.
2. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the judgment items as to the cause of the claim are used as follows. As such, they are cited by the main sentence of Article 420
2. Assertion and determination
A. The Plaintiff’s assertion received KRW 27.5 million on April 17, 2002, the successful tender price of KRW 30 million on May 17, 2002, and KRW 35 million on December 17, 2002, and the successful tender price of KRW 35 million on December 17, 2002, since Defendant B paid only KRW 54 million on December 18, 203, until the successful bid price of this case was terminated, Defendant B is obligated to pay KRW 60 million on the remainder of KRW 20 on January 17, 2005, KRW 30,000 on the remainder of KRW 20 on the remainder of KRW 3 million on the remainder of KRW 20 on the successful bid price of this case x 35 million on December 17, 2002.
B. Defendant B’s assertion that the Defendants participated in the award of this case, and thus did not receive the award of this case.
In addition, Defendant C did not provide joint and several sureties with respect to the successful bid of this case.
Even if Defendant B received the successful bid price, the claim for the deposit amount as asserted by the Plaintiff was extinguished by the completion of prescription.
C. In full view of the reasoning of the judgment as to the claim portion against Defendant B, Gap evidence Nos. 1 and 3, and the purport of the entire pleadings, defendant B received the winning tender amount of KRW 27.5 million among the winning bid amount of KRW 2,7.5 million (5 times) on April 17, 2002, the winning bid amount of KRW 30 million on May 17, 2002, and KRW 35 million (13 times) on December 17, 2002, and the winning bid amount of KRW 27.5 million among the winning bid amount of KRW 3,5 million, the winning bid amount of KRW 30,000,000,000 from the statement made by the investigative agency. The defendant B received the winning bid amount of KRW 27.5 million on the date claimed by the plaintiff, KRW 30,000,000,000,000 from the date of the plaintiff's assertion to the cashier's account.