손해배상등
1. At the request of the plaintiff expanded in the trial, the judgment of the first instance is modified as follows:
The defendant.
1. Facts of recognition;
A. On April 201, the Plaintiff became aware of the Defendant who runs the real estate brokerage business, while attending the real estate agent office in order to sell a 661m2 of the land in the north-gu Incheon Metropolitan City (hereinafter “instant forest”).
B. Around May 20, 2011, the Defendant: (a) purchased the instant forest; (b) increased the value of the said forest by constructing a site for the said forest after purchasing the instant forest; and (c) demanded a third party to obtain a loan as security before selling the said forest; and (d) proposed that the Plaintiff bear the interest on the loan. The Plaintiff consented thereto.
On the same day, the Plaintiff and the Defendant entered into a sales contract for the instant forest on the same day, and the sales price for the instant forest is KRW 200,000,000 under the sales contract (Evidence No. 7).
(hereinafter “instant sales contract”). C.
On June 2, 2011, the Plaintiff and the Defendant loaned KRW 140,000,000 from the Posting Credit Cooperative (hereinafter “Posting Credit Union”) as security, and created a collateral security, which is a maximum debt amount of KRW 182,00,000,000 to the Posing Credit Union, and the Plaintiff and the creditor’s Posting Credit Union (hereinafter “Posing Credit Union”).
(hereinafter above KRW 140,00,000 is referred to as “the first loan of this case”). D.
On June 2, 2011, the Plaintiff repaid the existing community credit cooperatives loans of KRW 20,255,270 among the first loan of KRW 140,00,00,000, and paid KRW 2,800,000 with the amount invested by the Posssies. Of these, the Plaintiff withdrawn KRW 16,00,000,000, and thereafter deposited the remaining loans of KRW 99,01,834 (= KRW 140,00,000 - KRW 40,98,166 (= KRW 20,255,270, KRW 16,000, KRW 160,000 with the amount of KRW 16,00,000, KRW 892,8960, KRW 50,000 with the amount of KRW 16,00, KRW 800,00 in the name of the Defendant’s account designated by the Defendant
The defendant shall be the plaintiff's account (E's account) designated by the plaintiff on June 2, 201, as set forth in attached Table 1, and the amount of KRW 850,000 on June 2, 201 shall be 30,000 in the name of the plaintiff.