계약금반환
1. Defendant B shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 12% per annum from May 24, 2019 to the date of full payment.
1. The parties' assertion
A. On September 5, 2017, the Plaintiff’s assertion entered into a contract with Defendant B, the agent of Defendant C, to exchange the land D and E owned by the Plaintiff and the F Houses G, Busan, Suwon-gu, Busan, U.S., but to pay the exchange price of KRW 70 million to Defendant C.
(hereinafter “instant exchange contract”). The Plaintiff transferred the down payment of KRW 20 million under the instant exchange contract to Defendant C’s account on the day of the contract.
Nevertheless, Defendant C is not liable under the instant exchange contract. As such, the Defendants are jointly and severally liable to pay 40 million won, a double payment of the down payment, and damages for delay.
Preliminaryly, Defendant B, as an unauthorized Agent, is obligated to pay the Plaintiff the amount of KRW 20 million for damages, and Defendant C, as well as the amount of KRW 20 million for unjust enrichment remitted from the Plaintiff, as well as damages for delay.
B. Defendant C’s assertion did not have concluded the instant exchange contract by granting the right of representation to the Plaintiff and the Defendant B.
In addition, it cannot be deemed that unjust enrichment was made because the money remitted by the plaintiff was confirmed to have been erroneously deposited and transferred again to the public brokerage office, etc.
2. Determination
A. According to the judgment on the claim against Defendant C, according to the exchange contract (Evidence A1) submitted by the Plaintiff, there is no signature and seal of Defendant C as a contracting party, and only B’s signature and seal as an agent for exchange.
In addition, there is no evidence to deem that Defendant C granted the power to conclude the instant exchange contract to Defendant C.
Therefore, the plaintiff's primary claim based on the premise that the plaintiff entered into an exchange contract with the defendant C is without merit.
In addition, as to whether Defendant C received 20 million won remitted from the Plaintiff, the health room and the evidence No. 2-1 and No. 2-2.