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1. As to Defendant B and C’s 100,000,000 won and 10,000,000 won among them, Defendant B and C jointly with the Plaintiff, from May 27, 2015, and 50.
Reasons
1. Facts of recognition;
A. The plaintiff is a pharmacist, and the defendant D is a non-humanist.
Defendant B is the representative director of Nonparty E who is engaged in the real estate sale and lease business, and Defendant C is the business director of the above company.
B. Around April 18, 2014, Co., Ltd. entered into a real estate sales contract with the owner of F, G, H, and 19 stores, including 105 and 106, for the purchase price of KRW 6.3 billion and 6.3 billion down payment, and paid KRW 30 million out of the down payment at the time of entering into the said contract.
C. On May 26, 2015, the Plaintiff entered into a lease contract with respect to the E and I Building No. 105 (hereinafter “instant store”) with a deposit of KRW 200 million [the contract deposit of KRW 60 million, intermediate payment of KRW 40 million, KRW 10 million (not later than June 15, 2015), the remainder of KRW 100 million (not later than June 30, 2015), the premium of KRW 80 million, the contract term from June 30, 2015 to May 30, 202 (hereinafter “instant lease contract”).
On May 27, 2015, the Plaintiff deposited KRW 10 million in the deposit account in the name of Defendant C, KRW 50 million on May 28, 2015, and KRW 20 million on June 1, 2015, respectively. On June 5, 2015, the Plaintiff deposited KRW 20 million in the deposit account in the name of F, G, and H, but paid KRW 10 million in total as the premium or down payment for the instant lease.
E.1) Meanwhile, E was planned to pay the remainder of the down payment, intermediate payment, and remainder under the real estate sales contract mentioned in the above Paragraph (b) to financial companies, such as community credit cooperatives, etc. as well as the purchase price to receive by selling an I building as collateral. However, Defendant B and C had no particular revenue or property, and there was no intention or ability to sell or lease the said store. Nevertheless, Defendant B and C had no intention or ability to sell or lease the said store.