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1. The defendant's appeal is dismissed.
2. In accordance with the claims added by this court, the defendant shall be KRW 20,052,680 to the plaintiff.
Reasons
1. The scope of this Court’s trial at the first instance court, the Plaintiff primarily sought confirmation of the existence of an obligation against G, and sought a return of the intermediate payment against the Defendant in the conjunctive case. The first instance court rejected the Plaintiff’s primary claim and accepted the conjunctive claim.
Since only the defendant appealed against this, only the conjunctive claim against the defendant, including the plaintiff's additional claim in this court, is subject to the judgment of this court.
2. Basic facts
A. On May 22, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase of each of the above sales contracts in lots for KRW 165,680,00,00, the sales price for each of the hotel F units of KRW 166,770,00, respectively (hereinafter referred to as “instant sales contract”).
B. The amount and timing of payment of the down payment, intermediate payment, and remainder pursuant to the instant sales contract are as listed below:
(2) On December 16, 15, 165, 165, 167, 160, 167, 167, 305, 167, 167, 167, 167, 160, 305, 167.36, 136, 136, 000, 568, 168, 000, 168, 000, 568, 168, 404, 100, 100, 200, 200, 205, 203, 165, 167, 160, 205, 206, 305, 167, 160, 205, 305, 205, 306, 305, 165, 205, 204.
C. On the other hand, on May 22, 2015, the Plaintiff entered into a credit transaction agreement with G on a maximum of KRW 99,408,00 (E) and KRW 100,062,00 (F) pursuant to the instant sales contract.
The Plaintiff shall pay the Defendant the sum of the down payment of KRW 33,245,00 (i.e., KRW 16,568,000, KRW 16,677,000) at each time set forth in the instant sales contract, and the part payments of KRW 199,470,00 = E.