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1. The Defendant’s KRW 117,054,225 for the Plaintiff and 5% per annum from March 19, 2019 to May 27, 2020.
Reasons
1. Progress of this case
A. The Plaintiff entered into a sales agency contract with C Co., Ltd. (hereinafter referred to as “C”), and was engaged in the sales agency business of Geumcheon-gu D buildings in charge of the sales agency business, but was unsold in lots on May 2017 until the above buildings E through F (hereinafter referred to as “instant sales building”).
G(hereinafter referred to as “G”) discussed that H, an employee of the Defendant’s business team, could pay part of the sales agency fees that the Defendant received from C according to the sales performance.
B. On May 10, 2017, the Plaintiff, who had been in the position of the president, etc. and received orders from G representative directors, contacted the Defendant’s internal director J about the sale of the instant building from G representative directors, and confirmed the intention of G. On May 10, 2017, the Defendant and G concluded a sales contract for the instant sales building, and the sales price was KRW 7,803,615,000 in total, and the Plaintiff was accompanied by G at the time of the preparation of the said sales contract.
C. From July 3, 2017, around 2017, the Plaintiff and the Defendant In-house Director J agreed to pay KRW 107,054,225, excluding KRW 117,654,225, excluding KRW 10,000,00 among KRW 117,654,225, the amount calculated by dividing the amount of KRW 34,100,00 in connection with the sale and purchase of the instant building by 50%, from 7,803,615,00 in connection with the instant sales of the instant building (Evidence 3, 2018 to 117,654,225 for the period from January 2019).
On July 4, 2017, the Defendant transferred KRW 107,054,225 to the account designated by the Plaintiff.
On December 6, 2018, the registration of ownership transfer was made in the G around December 6, 2018.
On December 19, 2018, G received 3% of the sales commission from G to the Defendant. Accordingly, the mail sent to the effect that G would deposit this in the future, and G filed a complaint by embezzlement, etc. with respect to the money that the Plaintiff received from the Defendant.