1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from June 2, 2018 to November 15, 2018 to the Plaintiff.

Plaintiff’s assertion

Although the Defendant was delegated by the Plaintiff to sell and purchase the Geumcheon-gu Seoul Building D (hereinafter “instant real estate”) owned by the Plaintiff and was paid KRW 125,000,000,000, excluding KRW 60,000,000, from the buyer’s purchase price of KRW 185,000,000, the Defendant paid only KRW 78,000 until now to the Plaintiff. The Defendant is obligated to pay the remainder of KRW 47,00,000 and delay damages therefrom.

Judgment

According to the purport of Gap evidence Nos. 1 through 3 and the whole pleadings, the plaintiff delegated the sale thereof to the defendant as owner of the real estate in this case. The defendant sold the real estate in this case to E on April 25, 2008. The above sales contract agreed to acquire lease deposit of KRW 67,00,000 (including underground room 7,000,000) with respect to the real estate in this case in lieu of payment of intermediate payment. The transfer registration of ownership was completed on June 20, 2008; the defendant paid KRW 78,00,000 among the purchase price received from E; the defendant paid KRW 5,00,000 to the plaintiff; the defendant paid KRW 185,00,000,000 to the plaintiff; the amount of KRW 67,000,000 with respect to the lease deposit of KRW 67,000,000 and KRW 208,008,000 per annum.

The defendant, in the written reply, again delegated the same amount of KRW 40,000,000 to F, who is a third party to the transaction delegated by the plaintiff, while F, who received the above amount of KRW 40,000,000, shall be paid to the plaintiff by himself.