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(영문) 의정부지방법원 2016.02.17 2015가합2628

편취금

Text

1. The defendant's KRW 726,400,000 and its amount shall be 5% per annum from November 29, 2005 to March 30, 2015 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant recommended the Plaintiff to purchase each of the instant real estate at KRW 1,968,250,000 on August 10, 2004, each of the instant real estate at KRW 1,968,250,000, although the Defendant purchased KRW 397,000,000 from F, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, 24,240 square meters of forest land, D forest land, and KRW 1,388 square meters of forest land, E, and KRW 397,000.

B. The Plaintiff paid KRW 1,670,000,000 out of the purchase price of each of the instant real estate to the Defendant from November 16, 2004 to July 1, 2005 as indicated below.

On November 16, 2004, 950,000,000 on December 18, 2004, 100,000 on December 25, 2005, 200,000,000 on March 4, 2005, 400,000,000 on May 4, 2005, 2000,000 on May 6, 2005; 50,000,000 on June 40, 200,00,000 on June 1, 200, 200, 80,000 on July 1, 2005; and

C. The Defendant made a false statement to the Plaintiff that the Defendant made a preferential payment of KRW 300,000,000 among the purchase price of each of the instant real estate to F, and demanded the Plaintiff to pay the interest equivalent thereto. The Plaintiff paid KRW 21,00,000,000 in total to the Defendant from April 21, 2005 to November 14, 2005 as indicated below, under the pretext of interest of KRW 300,000,000.

On April 21, 2005, 6,000,000 on April 29, 2005; 5,000,000 on November 12, 2005; 5,000,000 on November 14, 2005; 21,00,000,000 on the aggregate of 21,00,000,000

D. Although the Defendant did not perform construction work on each of the instant real estate, the Defendant made a false statement that it is necessary to pay money to the Plaintiff. Accordingly, the Plaintiff paid KRW 85,400,000 to the Defendant in total from March 29, 2005 to November 28, 2005, as indicated in the following table, as the construction cost:

On March 29, 2005, 6,100,000 for a lump sum payment (on April 10, 2005, 45,000,000 on April 6, 2005, April 11, 2005, 200,000 on April 18, 200,000 for a total of 85,40,000,000 on April 25, 2005 [based] 85,00,000 on November 28, 2005, without dispute / [based] 85,40,000 on the evidence of subparagraphs A 2 through 5 (including a serial number), and oral pleadings.