대여금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Basic facts
A. On March 30, 2005, the Plaintiff delegated the power of representation to conclude the sales contract by D Co., Ltd. (hereinafter “Nonindicted Company”) which is the representative director, concluded a sales contract with F on behalf of the Defendants that the Nonparty Company would purchase KRW 1230 million of G forest land (hereinafter “the instant forest land”) at KRW 1.23 billion in the original city owned by the Defendants (hereinafter “the instant first sales contract”).
B. The contract concerning the above sales contract provides that the down payment shall be KRW 130 million at the time of the contract, and the balance shall be paid on June 10, 2005 without any separate intermediate payment. In fact, on March 25, 2005, KRW 220 million was paid as part of the above sales price, including KRW 10 million at the provisional contract amount, KRW 78 million on March 30, 2005, KRW 134 million on March 31, 2005, and KRW 1334 million on March 31, 2005.
C. On June 17, 2005, when the non-party company failed to pay the balance of the purchase price of the instant primary sales contract, E terminated a contract with the purchaser on the failure to pay the balance of the purchase price, and the purchaser renounces the right to the sales contract that was paid and substituted the buyer for the payment of the penalty to the seller. The buyer affixed the corporate seal impression of the non-party company on the waiver of the real estate sales contract with the purport that the buyer does not raise any objection to this problem, and issued it to F along with the certificate of personal seal impression of
On the other hand, on June 21, 2005, E entered into a sales contract with F on June 21, 2005, to purchase KRW 300,000 out of the forest land of this case as the purchase price of KRW 465,00,000 (hereinafter “the second sales contract of this case”), and E agreed to pay the remainder of KRW 425,000,000,000,000, excluding the down payment of KRW 40,000,000 by July 1, 2005. On the date of the contract, E transferred KRW 20,000 to an account in the name of F.
E. Afterward, the plaintiff remitted 50 million won to the account in F’s name on July 21, 2005. < Amended by Presidential Decree No. 18870, Jul. 21, 2005>