beta
Text
1. As to the plaintiff 349,325,850 won and 49,325,850 won among them, the defendant SimpiM Co., Ltd. shall be decided October 28, 2006.
Reasons
1. Basic facts
A. On October 28, 2008, the Defendant SimcoM Co., Ltd. (hereinafter “Defendant SimcoM”) entered into a contract with the Plaintiff to sell the store No. 420 (hereinafter “instant store”) in the said commercial building (hereinafter “instant sales contract”) at KRW 469,770,00 ( separate from value-added tax 23,48,500) around October 28, 2006, stating the date of the contract as the date of sale and the down payment, KRW 46,977,00 ( separate value-added tax 2,348,850) was already received on October 28, 2006.
B. On December 9, 2008, the Plaintiff paid the intermediate payment of KRW 300 million to Defendant SCOM in accordance with the instant sales contract, and on December 19, 2008, Defendant SCOM deposited the said KRW 300 million in the account of Defendant SCOM, an agent for the sale management and the agent for the instant commercial building, in the name of the Plaintiff.
C. However, on March 25, 2011, Defendant New Real Estate Trust, which had been held in trust with the title of the instant store, sold the instant store to Ethical ethyl Co., Ltd., and completed the registration of ownership transfer on March 28, 201.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5 and 9, purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff asserted that the store of this case was sold in lots to the Plaintiff and received the down payment and the intermediate payment, but the store of this case was sold in double to the third party, which is the Plaintiff’s assertion, SwitzerlandM, Defendant two Industries Co., Ltd. (hereinafter “Defendant two Industries”), the contractor of the commercial building of this case.
Therefore, as a joint tortfeasor, the Defendants are obligated to pay to each Plaintiff the down payment and intermediate payment totaling KRW 349,325,850, which is the Plaintiff’s damages, as a joint tortfeasor, and damages for delay.
B. Defendant 1.