beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 470,000,000 and the interest rate thereon from October 20, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B is the executor of the development project of the building E located in the Suwon-si District D (hereinafter “instant real estate”), the Plaintiff entered into a sales agency contract with Defendant B on December 27, 2012, and the Defendant C entered into a sales agency contract with the Plaintiff on behalf of the Defendant B while carrying out the said development project on behalf of the Defendant B.
B. On May 30, 2013, Defendant B borrowed KRW 470,000,000 from the Plaintiff (hereinafter “the instant loan”) without due date and interest payment. Of the said money, KRW 170,000,000 from the said money was paid to Nonparty F’s agricultural bank account in the name of Nonparty F, and the remainder of KRW 300,000,000 from the said money was paid to Nonparty G’s agricultural bank account in the name of Nonparty G.
C. Meanwhile, on July 25, 2014, the Defendants prepared a letter of payment stating that the Defendants would pay the unpaid sales commission by August 30, 2014, including the instant loan amount, KRW 91,807,030, Plaintiff’s advance payment amounting to KRW 97,622,461, and KRW 659,429,491 (= KRW 470,000,000, KRW 91,807,030, KRW 97,622,461).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 4, and 16 (including branch numbers), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 470,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 20, 2017 to the date of full payment, as the Plaintiff seeks.
3. The Defendants’ assertion regarding the assertion by the Defendants concluded a joint business agreement and business consignment agreement on December 28, 2012 to develop the instant real estate between the Plaintiff and the Defendants. In the business consignment agreement, the Defendants provided the business site, the Plaintiff was responsible for the entire funds and business necessary for the business, and the Plaintiff paid to F and G.