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1. Defendant B’s KRW 20 million and the Plaintiff’s 5% per annum from October 28, 2015 to September 27, 2019.
Reasons
1. Basic facts
A. On July 2015, the Plaintiff, a person operating a secondhand shop with the name of “D,” provided purchase funds to the Defendants, Defendant B, and Defendant C, respectively, with a view to dismantling scrap iron at the site. However, 60% of the profits agreed that the remainder should be divided by the Defendants.
B. Defendant B, an employee of the Dispute Settlement Bank Co., Ltd., the purpose of which is Aluminium and steel manufacturing and wholesale business, listened to the statement that he would sell scrap metal generated from the construction site in which the Dispute Settlement Bank would work, and, on July 2, 2015, Defendant B, together with F, prepared a scrap metal sales contract with the seller of the Dispute Settlement Bank, the Plaintiff as the buyer, to purchase all of the cirs generated from the G site at KRW 45,500,000 (hereinafter referred to as “first sales contract”), and the Plaintiff deposited the down payment of KRW 20 million on the same day at the request of Defendant B in F’s personal account.
C. Defendant B stated that the Plaintiff would change the construction site because the supply of scrap metal is difficult at the above G site. On August 21, 2015, Defendant B prepared a contract for the sale of scrap metal in which the Plaintiff would sell to the seller, and the Plaintiff would purchase a total of the 24,200,000 won from the H Kimcheon site (hereinafter “2 sales contract”) with the purchaser, and then, the Plaintiff demanded the Plaintiff to pay the additional down payment of KRW 20,000 to the F personal account on the same day. D. The Defendant B again remitted the Plaintiff to change the supply of scrap metal at the above Kimcheon site, and the Plaintiff purchased KRW 1,00,000 from the seller on August 27, 2015, KRW 200,000 to the seller on September 24, 2015, and transferred the purchase of KRW 700,000 from the seller on the same day to the Plaintiff’s personal account on the same day.