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1. The Defendant’s KRW 114,981,041 and KRW 99,90,000, out of the said money, shall be the Plaintiff from August 1, 2018 to October 5, 2018.
Reasons
1. Facts of recognition;
A. On February 22, 2005, the Plaintiff purchased D and E land (hereinafter “instant real estate”) owned by C from Seopo-si, Seopo-si, Seopo-si (hereinafter “instant real estate”) and completed the registration of ownership transfer on February 28, 2005.
B. Defendant and F, at the time of the Plaintiff’s conclusion of the above sales contract with C, was the Plaintiff’s agent, and the Defendant and F, in fact, sold the instant real estate to the Plaintiff in KRW 300 million, made a false statement that the purchase price was KRW 400 million to the Plaintiff, and received KRW 400 million from the Plaintiff, and then paid KRW 300 million to the seller C, and paid the remainder KRW 100 million to the seller, and consumed at their own discretion.
C. On March 28, 2017, the Defendant: (a) acknowledged that the Plaintiff was reimbursed KRW 100 million out of the purchase price; (b) on the same day, the Plaintiff returned KRW 100,000 to the Plaintiff on the same day; and (c) agreed to later return the remainder of KRW 99,900,000 to the Plaintiff; and (c) prepared and delivered a letter of commitment as above to the Plaintiff on May 24, 2018; and (d) on May 28, 2018, the Plaintiff paid the remainder of KRW 99,90,000 to the Plaintiff at an annual interest rate from March 28, 2017 to July 31, 2018; and (e) agreed to pay the amount of interest calculated at the statutory interest rate, and made and delivered the letter of commitment as above.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1-1 and 2, and the purport of the whole pleadings
2. According to the facts found in the determination as to the cause of the claim, the defendant set the agreement by 12% per annum from March 28, 2017, 200 to July 31, 2018, which is an undertaking date for the above agreement amounting to KRW 99,99,923,00,000, and the sum of KRW 16,126,323 (= KRW 99,90,000 x 12% x 12% x 12% x (126/365), and KRW 16,126,323 = 116,000 among the above agreement amount and the principal amount of KRW 114,981,041, and the above principal amount of KRW 90,90,00,00 for the plaintiff's claims from March 28, 2017.