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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of recognition: (a) On May 16, 2016, the Plaintiff entered into a sales agency contract with the Defendant who carries out a housing construction project (hereinafter “instant sales agency”); and (b) on August 29, 2016, the Plaintiff received KRW 1.52,313,000 as the sales agency fee of the instant case on August 29, 2016; and (c) from June 27, 2016 to August 29, 2016, the total amount received by the Plaintiff as the sales agency fee of the instant case was KRW 3.48,048 million and the unpaid amount was KRW 20 million.
Among them, a person who requested to lend KRW 200 million upon the defendant's request is the F of the defendant's regular director.
On August 30, 2016, KRW 220,000 (including surtax; hereinafter “instant loan”) deposited into the account in the name of Nonparty D Co., Ltd. designated by the Defendant.
The Defendant drafted a payment undertaking (Evidence No. 4) stating that “The instant loan (200 million won) shall be paid to the Plaintiff by December 10, 2016, and the remainder KRW 23540,000 shall be paid by March 2018, out of the amount payable for the instant sales agency fee of KRW 435.4 billion,” (Evidence No. 4).
② On January 13, 2017, the Defendant paid KRW 90,000 to the Plaintiff as repayment of the instant loan, including KRW 50,000,00,000,00,000,000,000. Of the instant loan, KRW 10,000,000,000,000 to the Plaintiff were to substitute for the repayment of the instant loan to Nonparty E (hereinafter “Nonindicted Party”) in a relationship with the Plaintiff with the Plaintiff in connection with the instant vicarious sale of buildings in lots, and to substitute for the repayment of the interest debt, the instant loan amount became KRW 100,00,000,
③ From January 2017, the Plaintiff’s representative director and the Defendant and the Nonparty: (a) the Plaintiff paid KRW 100 million out of the instant loan to the Nonparty as the subrogation for KRW 100 million loaned from Nonparty G, the Nonparty’s sales type; and (b) the payment method agreed to pay the Nonparty’s payment as consulting fees to Nonparty H (hereinafter “Nonindicted Company”) operated by the Nonparty.
(hereinafter “Agreement on Subrogation”). The Plaintiff from the Defendant on March 2, 2017.