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1. The Plaintiff:
A. Defendant B shall be 34,500,000 won and the interest rate of 15% per annum from August 2, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff, such as the status of the party, is the owner of the building F of Dong Young-si E.
Defendant B is a broker assistant of the “G Licensed Real Estate Agent Office”, Defendant C is the representative of the “G Licensed Real Estate Agent Office”, and Defendant D Co., Ltd entered into a guarantee insurance contract with Defendant C to pay insurance proceeds within the limit of KRW 100,000,000 to the parties to the transaction in the event it causes property damage to the parties to the transaction by intention or negligence in the course of performing real estate brokerage as between July 7, 2015 and July 6, 2016 (36 days).
B. On April 11, 2016, the Plaintiff entered into a lease agreement and obtained money from Defendant B by means of Defendant C’s intermediary to enter into a lease agreement with the term of KRW 50,000,000, KRW 300,000, KRW 300,000, and the term from April 6, 2016 to April 5, 2018, and received KRW 50,000,000 on the same day.
Defendant B: (a) returned KRW 40,000,000 to I as expenses are required for the Plaintiff for the Plaintiff’s husband’s business; (b) returned KRW 500,000 to I; and (c) paid KRW 500,000 in addition, the Plaintiff transferred KRW 40,000 to I.
However, in fact, I did not request the return of KRW 40,000,000 out of KRW 50,000,000, and Defendant B did not have any intention to deliver the above KRW 40,000 to I.
On April 12, 2016, the Plaintiff remitted KRW 40,000,00 to Defendant B’s account.
Meanwhile, from May 2016 to April 2017, Defendant B paid KRW 5,500,000 per month to the Plaintiff with the indication “Fho Lake tenant”.
C. Defendant B, as seen above, was prosecuted for committing the crime that Defendant B acquired 40,000,000 won from the Plaintiff, and was sentenced to five months of imprisonment on January 30, 2018 (the Changwon District Court through the Changwon District Court) and Defendant B appealed and appealed at the appeal court at present.