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1. Defendant B’s KRW 240,000,000 as well as 5% per annum from March 6, 2004 to December 18, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On January 16, 2004, the Defendants submitted to Hyundai Construction Co., Ltd. (hereinafter referred to as "Modern Construction") a letter of desire to purchase 55 stores of the first floor of the first floor of the second floor of the second floor (hereinafter referred to as "the instant real estate") and entered into a contract with Hyundai Construction on February 2, 2004 by setting the total price of KRW 2,400,000 with respect to the instant real estate as KRW 2,40,000 (hereinafter referred to as "the instant sales contract").
B. The Plaintiff transferred the total amount of KRW 240,000,000 on January 15, 2004, and the total amount of KRW 90,000,000 on February 2, 2004, to the Hyundai Construction Account in the name of deposit “G” as the down payment under the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Gap evidence 2-1, 2, Eul evidence 6-1, 2, Eul evidence 7, and the purport of the whole pleadings
2. The plaintiff's assertion that the plaintiff transferred KRW 240,00,000 to the Hyundai Construction Account as stated in the above basic facts is leased to the defendants for the purpose of paying the down payment under the sales contract of this case. Thus, the defendants are jointly and severally liable to pay the plaintiff 240,000,000 and damages for delay.
As to this, the Defendants did not lend the above 240,000,000 won to Defendant B, but invested in connection with the instant sales contract. After then, the Defendants, Hyundai Construction, and the Intervenor’s Intervenor (Co., Ltd. before the amendment, changed the status of the obligor under the instant sales contract to the Intervenor’s Intervenor. At the time of the change, Defendant A was the actual representative of the Intervenor’s Intervenor, and Defendant C did not have any relation to the money received from the Plaintiff or the instant sales contract.
3. Determination as to the Plaintiff’s claim against Defendant B, Gap’s evidence Nos. 1, 4, 5, 6, Eul’s evidence Nos. 1, 2, 3, 4, and 5, and the witness J’s testimony as a whole.