beta
(영문) 서울중앙지방법원 2016.05.27 2015가단5326252

약정금

Text

1. Defendant B’s KRW 95,340,00 for the Plaintiff and KRW 5% per annum from August 11, 2012 to November 15, 2015.

Reasons

1. The following facts are not disputed between the parties, or may be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 and 5.

On June 23, 2011, between the Plaintiff and Defendant B, the Plaintiff and Defendant B made a joint investment at the ratio of 1:2, and the Plaintiff sold real estate at the auction procedure and agreed to settle profits according to the above investment ratio. Defendant B committed a crime of embezzlement while engaging in a joint investment project as follows.

(1) On July 20, 201, Defendant B: (a) invested KRW 20,000,000 from the Plaintiff on June 24, 201; and (b) deposited KRW 275,350,000 and KRW 1302 (hereinafter “instant real estate”) in the name of the mother of the Defendant D, the mother of the instant case; (c) set up a mortgage of KRW 284,70,000 with respect to the instant real estate of KRW 1,19,00 with loans of KRW 219,00,000, and paid the proceeds from the transfer of the ownership; (d) sold the instant real estate of KRW 275,00,000,000 on November 16, 2012, and embezzled KRW 3,000,000,000, excluding the loan and deposit for consumption of KRW 3,000,000,000 for the Plaintiff.

B. On September 18, 201, Defendant B received an investment of KRW 63,00,000 from the Plaintiff, and KRW 37,000,00 on September 16, 201, from each of the following dates, he was awarded a successful bid of KRW 993,850,00 in the name of Defendant C, the wife of the Seocho-gu Seoul Metropolitan Government F apartment KRW 32,50,000 (hereinafter referred to as “second real estate”) in the name of Defendant C, who was the wife, at KRW 993,850,00,00, the two real estate of this case was created with the maximum debt amount of KRW 975,00 and paid KRW 790,00,000 with the proceeds of the sale and the completion of the registration of the transfer of ownership, and thereafter granted loans of KRW 1,105,00,000,000 excluding the maximum debt amount of KRW 1,000,500.