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The judgment of the first instance shall be revoked.
2. The Defendant shall pay KRW 20 million to the Plaintiff the full payment day from February 1, 2016 to the day of full payment.
Reasons
1. Around June 2008, the basic facts of the claim (1) purchased from the Defendant and Nonparty G (the two persons together worked as a broker assistant at the licensed real estate agent office) all the rights and facilities related to the work of the H “H” on the first floor of the underground floor of the building located in Dongdaemun-gu Seoul Metropolitan Government (the sum of the premium of KRW 280 million and the deposit of KRW 120 million) from the Defendant and Nonparty G (the two persons together worked as a broker assistant at the licensed real estate agent office).
At this time, the Defendant and G loaned KRW 400 million to C instead of receiving KRW 400 million from C in the form of so-called “loan work”. The Defendant borrowed KRW 600 million as security the real estate owned by C and appropriated it for the repayment of the above loan (sale price). The remainder of the loan was used to terminate the senior mortgage set forth in the real estate owned by C or acquired under the pretext of fees, etc.
(2) The Defendant asserted that “C only helps the owner of the building to borrow money necessary for the lease from Nonparty I, who is the owner of the building, and the Defendant and G does not sell the above massageman’s goodwill, etc.” However, in light of the process and contents of the instant payment note and the performance note as seen below, the Defendant rejected it. (2) C discontinued because of the fact that the Plaintiff’s acquisition of the above massageman was erroneous in regulating a large entertainment business in neighboring areas.
Accordingly, C demanded the Defendant and G to return even the money in the name of the premium out of the above purchase price, and received 20 million won, first of all, around September 2015.
(3) On December 11, 2015, 2015, the Defendant: (a) acknowledged the fact that the Defendant paid KRW 20 million to C; (b) provided the said money to C; (c) in the name of the Defendant, i.e., “one hundred million won; and (c) to pay the said money to D Ansan on January 31, 2016 (the interest for delay shall be 30% per annum)” (the interest for delay shall be 30% per annum).