beta
Text
1. The plaintiff A and the plaintiff (Counterclaim defendant) B's primary main claim and the conjunctive claim, and the defendant (Counterclaim plaintiff)'s main claim.
Reasons
1. Basic facts
A. On November 30, 2007, the Plaintiff (Counterclaim Defendant) B (hereinafter “Plaintiff B”) entered into a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) on behalf of the Plaintiff on behalf of the Plaintiff, under which he would purchase the 6,893 square meters of forest land of Gyeonggi-do located within the land transaction permission area from Nonparty E (hereinafter “instant land before the instant partition”) in the purchase price of KRW 600,000,000 on the same day, and paid the down payment of KRW 50,000,000 (= KRW 50,000,000,000 created by Plaintiff A) to E on the same day, and the remainder amount of KRW 450,000,000 loaned by the Defendant around that day was paid by March 30, 2008.
(hereinafter “instant primary contract”). B.
Plaintiff
B promoted the work of developing the land prior to the instant subdivision. On March 6, 2008, the Defendant offered the land prior to the instant subdivision as security and loaned KRW 230,000,000 to the Plaintiff, and paid KRW 180,000,000 under the name of approval for land use in order to secure access roads to the land prior to the instant subdivision. The remainder of KRW 50,000,000 was used by the Defendant to repay part of the loans granted in relation to the payment of the down payment of the instant first contract.
In addition, the Defendant, upon the Plaintiff’s request, remitted the amount of KRW 8,00,000 on Jan. 18, 2008 to the account in the name of Nonparty G, which is the Plaintiff’s accounting manager, and KRW 20,000,00 on Sept. 25, 2008, and KRW 31,000 on Oct. 31, 2008, respectively, and remitted the amount of KRW 5,00,000 on Jul. 26, 2008 to the account in the name of Nonparty I, who was in charge of the business of allowing the use of access roads with the Plaintiff B, to the account in the name of Nonparty I, which is the father’s wife’s father, and KRW 1,00,000 on Aug. 5, 2008, and KRW 10,000 on Sep. 20, 2008.
C. However, around July 2008, in order to require the Defendant, who is the debtor, to return KRW 50,000,000 out of the above loans 230,000,000 to the Plaintiff, the Defendant knew the Plaintiff.