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1. Defendant C’s KRW 39,00,000 and the Plaintiff’s annual rate of KRW 5% from March 22, 2016 to December 7, 2017.
Reasons
B. The Defendant C opened a carpet in Ulsan-gu D, Ulsan-gu, and Defendant C registered the carpet in the name of Defendant B, his father, and operated the carpet.
(The plaintiff transferred the total amount of KRW 290,000,000 to Defendant B’s account between December 2, 2010 and January 2012). (B) The plaintiff transferred the total amount of KRW 290,000,000 to Defendant B’s account.
On October 23, 2012, the Plaintiff entered into a contract with Nonparty E to transfer the above carpet amount to KRW 1,60,000,000. On October 27, 2012, the details of the confirmation document (No. 1; hereinafter “the confirmation document of this case”) prepared with the Plaintiff and E carpet transfer are as follows.
Defendant B’s actual owner: (a) confirmed the transfer of Plaintiff B’s carpet to E as of October 23, 2012. On October 23, 2012, Defendant B transferred the remainder of KRW 70 million to the Plaintiff’s account; (b) deposit the remainder of KRW 90 million until January 5, 2013; and (c) transfer of the carpet to the Plaintiff’s original state and can be handled at his/her own discretion upon default; and (d) Defendant B, the nominal owner of the business, has no authority to transfer this case; (b) Defendant B, the nominal owner of the business, has no authority over this transfer.
C. Defendant C, upon receipt of the instant confirmation document stating the terms of the Plaintiff and E Company’s carpet transfer contract, became aware of the fact that the carpet was transferred to E, and thereafter, to transfer the carpet to Nonparty F at his request, and then transferred the carpet to Nonparty F at KRW 1,30,000,000.
Defendant C received KRW 130 million of the transfer price (the Defendant C received KRW 100 million from F, and the remainder KRW 30 million received the obligation to return the lease deposit of a Kafin building from F, and Defendant C received KRW 30 million from the lessor of the building and received KRW 130 million in total from the lessor of the building) and paid KRW 200 million by cashier’s checks to E.
As to the above reasons for paying KRW 200 million, Defendant C’s request to lend money from E is for KRW 130,000,000,000,000,000,000.