정산금 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. A. Around March 2010, the Defendant and Nonparty C entered into a business agreement with the Defendant to invest funds in the Sungwon-gu Seoul Special Metropolitan City D large 218.8 square meters and the two-story above ground (hereinafter “instant housing”) and to divide the profits therefrom by 50%. After purchasing the instant housing from Nonparty E, the registration of ownership transfer was completed in the name of the Defendant on March 29, 2010.
B. The Plaintiff loaned KRW 40 million in total to C as the repair cost for the instant housing from May 30, 2012 to July 23, 2012, and the Defendant and C agreed to pay KRW 48 million in preference to the Plaintiff when selling and buying the instant housing by October 2012.
(hereinafter referred to as “instant agreement”). C.
On June 25, 2013, the Defendant and C issued to the Plaintiff a written repayment plan to the effect that “C’s principal and interest on all obligations owed to the Plaintiff is KRW 180 million, and the principal is calculated as KRW 130 million,000,000,000,000,0000,0000,000,000,000 won for the principal as above, the Defendant subrogated to the Plaintiff, and that “C shall pay the remainder of the principal and interest KRW 44 million,000,000,000,000,000,000 won.”
As prescribed in the above repayment plan, the Defendant paid KRW 35 million in total on five occasions each time from July 20, 2013 to November 21, 2013, and paid KRW 6 million on December 20, 2013, and thereafter, paid KRW 86 million in total on 30,000,000 from January 20, 2014 to KRW 1.5 million.
E. After that, on April 17, 2014, the registration of ownership transfer was made in the name of Nonparty F in the name of the Defendant on the instant house.
[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1-1, 2, 2-2, 3-1, Eul evidence 1-4, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion (1) The defendant and C sold the house of this case in accordance with the agreement of this case.