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1. Defendant C’s KRW 80,000,000 and the Plaintiff’s annual rate of KRW 5% from May 13, 2017 to February 18, 2019.
Reasons
1. Basic facts
A. A. Around 2015, the Plaintiff: (a) delegated Defendant C, who is the Plaintiff’s friendship and the actual manager of Defendant B Co., Ltd. (hereinafter “Defendant Company”), to sell and purchase the instant building on the E large scale 1228 square meters and three foot buildings on the ground of the Jinju-si, Jinju-si, the Plaintiff owned; (b) the instant building site and the building on the ground; (c) referring to the instant building site and the building.
(hereinafter “instant delegation contract”). (b)
Accordingly, around January 8, 2016, Defendant C concluded, on behalf of the Plaintiff, a sales contract of the instant real estate purchase price of KRW 3,500,000,000 (hereinafter “instant first sales contract”) with the Plaintiff, and thereafter, from the Plaintiff F to May 30, 2016, Defendant C received KRW 120,000,000 from each of the accounts in the name of Defendant C to the account in the name of Defendant Company as part of the purchase price set out in the instant sales contract, and received from Defendant C, a total of KRW 50,000,000 from February 29, 2016 to the account in the name of G designated by Defendant C, for eight times in total.
C. After that, Defendant C urged the Plaintiff to request the purchase price received from the Plaintiff, the purchaser of the instant First Sales Contract, and paid the Plaintiff totaling KRW 40,000,000 on three occasions from April 2016 to May 2016.
On June 30, 2016, the Plaintiff came to know that Defendant C had deceiving the Plaintiff on the total purchase price or payment method, etc. of the instant 1 sales contract. On the same day, the Plaintiff and the Plaintiff and the Plaintiff and the Plaintiff and the Plaintiff-F have concluded a sales contract to sell the instant real estate in KRW 2,700,000 (hereinafter “instant 2 sales contract”) after rescinding the agreement with respect to the instant 1 sales contract. The purchase price that the Plaintiff paid to Defendant C (or the person designated by Defendant C) and the Defendant Company in accordance with the instant 1 sales contract is the intermediate payment that the Plaintiff received from the Plaintiff-F in accordance with the instant 2 sales contract.