대여금
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. Defendant C and E shall be KRW 100 million to each Plaintiff.
1. Facts of recognition;
A. As of August 22, 2009 with respect to the 201 multi-household housing located in Songpa-gu Seoul Metropolitan Government F, which was constructed under the name of Defendant C, the sales contract between the Plaintiffs and Defendant D representing Defendant C was prepared as the broker of Defendant E (G Licensed Real Estate Agent Office’s Office’s Operation).
The main contents are as follows:
The purchase price of KRW 268 million and the balance of KRW 168 million (payment in 2009 after completion) shall be paid on August 24, 2009, and the remaining KRW 90 million shall be paid on August 28, 2009.
Plaintiff
B remitted each of the amounts of KRW 10 million on August 24, 2009, and KRW 90 million on August 28, 2009, to Defendant C’s National Bank Account.
C. On March 22, 2010, Defendant C completed registration of initial ownership relating to the instant real estate. D.
Plaintiff
B On August 26, 2011, on the instant real estate, the provisional registration of the right to claim ownership transfer was completed.
E. The instant real estate was sold to a third party on March 12, 2014 through a discretionary auction of real estate (Seoul Eastern District Court H).
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 8 (including virtual numbers), the purport of the whole pleadings
2. Judgment as to the main claim
A. Upon the recommendation of Defendant E, the Plaintiffs concluded a monetary loan agreement between Defendant C and the Plaintiffs to lend KRW 100 million to Defendant C, and C to pay KRW 100 million principal and interest KRW 30 million at the due date ( October or December 2009).
The real estate sales contract of this case is prepared for the purpose of securing the principal and the profits.
Defendant E jointly and severally guaranteed the obligation to return the above loans by Defendant C.
Therefore, Defendant C and E are jointly and severally liable to pay to the Plaintiff KRW 130 million and damages for delay from January 1, 2010, which is the day following the due date for payment.
On the other hand, defendant C is represented by defendant D.