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1. Defendant D’s KRW 25 million to Plaintiff A and 5% per annum from December 23, 2005 to August 24, 2015, respectively.
Reasons
1. Basic facts
A. The non-party 1, South Asia Comprehensive Development Co., Ltd. (hereinafter referred to as the “Non-party 1”) promoted the business of newly building and selling the “E apartment”, and the real estate owner in the above business site sold the real estate owned by it and thereby became a partner of the FF association, he/she was entitled to purchase a new apartment.
(However, since November 201, the FF Association's establishment approval was cancelled and the project was non-existent in the middle of the project).
The non-party G owned the land and building of Seongdong-gu Seoul Metropolitan Government H and its ground (hereinafter “instant land and building”) located in the project site, and requested I of Southern-do Development to sell the instant land and building.
C. The Plaintiffs were willing to purchase the instant land and buildings through the introduction of Defendant C, a licensed real estate agent, as Plaintiff A’s university building and Plaintiff C, and Defendant C concluded a contract with G to sell the instant land and buildings in the name of J on November 17, 2005 (hereinafter “instant sales contract”).
C. Defendant D is a person who operates both husband K and L licensed real estate agents, and the instant sales contract was arranged upon request from the said I for trading brokerage of the instant land and building owned by G.
The plaintiffs remitted the total amount of KRW 384.5 million to the defendant C for the purpose of the purchase price and brokerage commission on November 17, 2005, KRW 39.5 million on November 18, 2005, KRW 300 million on November 30, 2005, KRW 200 million on November 30, 2005, and KRW 384.5 million on December 23, 2005.
E. On November 17, 2005, Defendant C remitted KRW 50 million to each G on November 30, 2005 (J), and KRW 25 million on November 30, 2005 (in the name of remittance C and M), and transferred KRW 130 million on December 23, 2005 to Defendant D. The Defendant D did not pay KRW 18 billion out of that on December 23, 2005, and paid KRW 25 million to G.
F. The Plaintiffs, through Defendant C, on December 24, 2005.