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(영문) 서울남부지방법원 2021.01.28 2020나53581

대여금

Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Basic facts

A. On February 2018, the Plaintiff is a person who is enrolled in C Co., Ltd. (hereinafter “Non-Party Company”) for the purpose of real estate trade, sales agency business, etc. and serves as the team leader.

The defendant is a person who served as a direct team member of the plaintiff in the non-party company from February 2018 to August 2018.

B. Under the Plaintiff’s involvement, the Defendant concluded a sales contract with the Defendant or the Defendant’s son and the Defendant’s son to purchase the land from the Nonparty Company as set forth in the following (i) through (iv) and received the prescribed allowances from the Nonparty Company. The Plaintiff appears to be a clerical error in the “7,50,000 won” for the loans extended on March 2, 2018 through May 18, 2018, as set forth in attached Table 1, from March 2, 2018 to May 18, 2018.

Pursuant to the relevant column of each of the pertinent columns or attached Table 2, the sum of KRW 39,231,000 was deposited in the non-party company as the purchase price, as stated in the relevant column of each of the relevant column of the date and loan items.

1) On March 5, 2017, the Defendant concluded a sales contract with the non-party company and the non-party company to purchase part of 16.5 square meters (5 square meters) out of the land Asan City F (the agreement to pay the remainder of 9,801,000 won to the non-party company as of March 5, 2018).

2) On March 26, 2018, the Defendant: (a) concluded a sales contract with the Nonparty Company to purchase part of KRW 16.5 square meters (five square meters) out of the Plaintiff’s land in Ansan-si; (b) KRW 9,900,000 (a down payment of KRW 4,500,000, KRW 5,400,000, and KRW 5,400,000). The Nonparty Company discounted the purchase price of KRW 9,90,000 to KRW 9,801,000.

3) On April 18, 2018, the Defendant concluded a sales contract with a non-party company to purchase part of 42.9 square meters (13 square meters) out of the G land in Sung-si, the amount of KRW 30,550,000 (the contract to pay the down payment of KRW 10,000,000, and KRW 20,550,000 on May 18, 2018).

4) On May 3, 2018, the Defendant’s land E, as the Defendant’s introduction or brokerage, is located in the non-party company and the non-party company and part of 42.9 square meters (13 square meters) out of the G land in Sung-si on May 3, 2018. 31,200.