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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from July 30, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff and D received proposals from Defendant B to operate a business of charging liquefied petroleum gas in the development-restricted zone of Kimpo-si, and transferred the total amount of KRW 500 million ( KRW 250 million each of the Plaintiff and D) in the account of Defendant C (Defendant B’s spouse) in nine times from October 31, 2005 to April 18, 2006 as investment funds in the above business.
On April 14, 2006, Defendant B prepared a certificate of confirmation (Evidence A No. 8) to the effect that “A shall confirm the receipt of KRW 500 million as project cost, and complete the authorization work within six months or 12 months.”
B. However, Defendant B did not carry out the authorization work within the above contract period, and the Plaintiff and D requested Defendant B to return the investment amount around June 2007.
1) Accordingly, on June 28, 2007, Defendant B issued the Plaintiff F apartment 309 Dong 1103 (hereinafter “instant real estate”) in the name of Nonparty E Kimpo-si in the name of Nonparty E.
As to Defendant B, on July 12, 2007, the provisional registration of the right to claim transfer of ownership was completed on the ground of the pre-sale. Since Defendant B returned KRW 230 million out of the investment amount to D on the same day, the Plaintiff cancelled the above provisional registration. On September 20, 2007, Defendant B again completed the provisional registration of the right to claim transfer of ownership (hereinafter “the provisional registration of this case”) against the Plaintiff on September 20, 2007, and returned KRW 50 million to D on January 2, 2008, and KRW 20 million on August 21, 2009.
D As above, 250 million won (including refunds mentioned in paragraph (1) above) out of 300 million won (including refunds set forth in paragraph (1) above) returned by Defendant B was appropriated for the repayment of its claim, and the Plaintiff paid the remainder of 50 million won to the Plaintiff. Since then, Defendant B was detained on December 6, 2010 due to the fraudulent case that was lodged by Nonparty G and H, etc. on behalf of the Plaintiff on January 7, 2011.
was prepared and executed, as its main part.