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1. Defendant C shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from October 16, 2015 to the date of full payment.
Reasons
1. The Plaintiff’s assertion and the Defendants concluded a real estate exchange agreement with the Plaintiff’s assertion that they exchange the Plaintiff’s land D, E, and the third floor building on the land (hereinafter “the Plaintiff’s real estate”) and the Plaintiff’s land outside F, and three lots (hereinafter “the Defendant’s real estate”).
Under the instant real estate exchange contract, the Defendants received on behalf of the Plaintiff the total amount of KRW 30,000,000,000,000 for the rent deposit for the between the first floor and the second floor of real estate on behalf of the Plaintiff. Since the instant real estate exchange contract was terminated, the Defendants are obligated to return the said KRW 30,000,000 to the Plaintiff.
2. Determination
(a) In full view of the overall purport of the pleadings in the testimony of the witness G, the following facts can be acknowledged in the facts of recognition as Gap evidence 1 to 7, Eul evidence 1 to 3, Eul evidence 1 to 1 (including branch numbers), and Eul evidence 1 to 1, and the testimony of the witness G, and contrary Eul evidence 6, Eul 3, 7, and 8 are not believed.
1) On January 26, 2013, the Plaintiff and the Defendants entered into a real estate exchange agreement with the terms of exchanging the Plaintiff’s real estate and Defendant’s real estate as the down payment amount of KRW 20,000,000,000, and the exchange date on March 11, 2013. The terms and conditions of the said real estate exchange agreement stipulate that “where the Defendant receives KRW 30,000,000 from the Plaintiff’s real estate ridge, the amount of KRW 9,00,000 shall be returned to the Plaintiff.” 2) around March 20, 2013, a lease agreement was concluded to rent KRW 30,00,00 among the first floor stores of the Plaintiff’s real estate, and the said amount of KRW 30,00,000,000 was paid to Nonparty H, a real estate broker, who was the Plaintiff’s real estate manager at the time of the exchange.
H paid KRW 21,00,000 among them to Defendant C, and on March 25, 2013, Defendant C prepared a written confirmation that it received KRW 21,00,000,000 of the lease deposit for the first floor ridges among the Plaintiff’s real estate.
3. On the other hand, H around March 2013, the second floor of the Plaintiff’s real estate.