손해배상 등
1. As to the Plaintiff KRW 290,000,000 and its KRW 200,000 among them, the Defendant shall pay to the Plaintiff KRW 80,000 from January 21, 201, and KRW 80,000,00.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 4-3, 7, 17, 20, 21, 35, and 6-2, and 4 as a whole by taking account of the whole purport of the pleadings:
On December 2010, the Plaintiff: (a) received a proposal from the Defendant that “The auction against 49 households in the Scalc apartment is being conducted; (b) D exercises the right of retention in connection with this auction; (c) if D invests KRW 300 million in D, D shall arrange the right of retention; and (d) may establish a corporation and be awarded the bid for C apartment. After being awarded a successful bid for C apartment in the name of a corporation, and loans KRW 600 million from financial institutions as security, the Plaintiff will be awarded KRW 300 million out of the loans; and (d) deposited KRW 300 million in the account of one bank (F) in the name of E designated by the Defendant on January 11, 2011.
B. Since then, the Defendant: (a) made E deposit of KRW 297,847,00 in total, including KRW 40 million on January 20, 201; (b) KRW 250 million on January 21, 2011; and (c) deposited KRW 297,847,000 on January 28, 201; and (b) acquired the said Plaintiff’s agricultural bank account in an irregular manner; and (c) made a withdrawal of KRW 100 million on January 31, 2011 to D.
C. On January 1, 2011, the Plaintiff received a proposal from the Defendant stating, “The Plaintiff was in the situation where the issue was not paid the interest, which would go beyond the auction due to the failure to pay the interest. If an investment of KRW 100 million, the Plaintiff would make an auction to sell and sell the principal and KRW 100 million within 20 million and KRW 20 million, which was kept by the Defendant on February 1, 201.”
The money of KRW 100 million (hereinafter “the money of KRW 2”) was transferred to the agricultural bank account in the name of the Plaintiff as stated in the subsection. D.
On February 2, 2012, the Plaintiff listened to the Defendant’s statement that “The Plaintiff is urgently required to pay KRW 10 million, which would have been repaid at the time of payment of money around March 2012,” and the Plaintiff’s statement to the Defendant around February 27, 2012 does not exceed KRW 10 million.