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1. Defendant B’s KRW 1,410,60,000 and interest rate of KRW 20% per annum from April 25, 2012 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B’s acquisition of commercial ownership (1) Poco Construction Co., Ltd. (hereinafter “Poco Construction”) constructed E commercial facilities on the ground D in Yeonsu-gu Incheon Metropolitan City.
On August 18, 2005, as an agent for the sale of the above commercial facilities, the Songdo International City Development Limited Company (hereinafter “Songdo International City Development Company”) sold to F the sale price of KRW 11,86,00,000 among the above commercial facilities (hereinafter “instant sales contract”).
According to the instant sales contract, F paid 1,186,60,602,00 won as down payment out of the sales price on the date of the instant sales contract, and 1,186,602,000 won as the first intermediate payment on November 10, 2005.
(2) On April 25, 2006, Defendant B entered into a contract with F to acquire the status of the purchaser based on the instant sales contract from F from April 25, 2006 in the name of Defendant G Co., Ltd. (hereinafter “G”) who is the representative director in order to facilitate the processing of income tax (hereinafter “instant sales contract”).
B. The Plaintiff and Defendant B requested the Plaintiff, a human relative of the Plaintiff prior to the conclusion of the instant commercial building acquisition agreement, to convert funds into “a business of acquiring the instant commercial building and re-saleing it to a small area of commercial buildings” (hereinafter “instant re-sale business”). In order to take over the said commercial building, Defendant B requested the Plaintiff, the human relative of the Plaintiff prior to the conclusion of the instant commercial building acquisition agreement, stating that the amount equivalent to KRW 1,186,60,000 is necessary.”
(2) Accordingly, on April 25, 2006, the Plaintiff withdrawn KRW 170,000,000 from the Plaintiff’s deposit account to Defendant B’s deposit account. Defendant B deposited the said money on the same day into the Defendant B’s deposit account in the name of G, and thereafter, deposited the said money from the said G account on the same day to F.