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1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 15% per annum from April 20, 2016 to the date of complete payment.
Reasons
1. Indication of claim;
A. On December 21, 2015, the Plaintiff was the purchaser who purchased the former C Building 501 (hereinafter “instant real estate”) of the building in Ansan-si (hereinafter “instant real estate”), D is the owner and seller of the instant real estate, and the Defendant was the head of the sales office at the time.
B. The Defendant, as the head of the sales office of the instant real estate, had the Plaintiff, without any intention or ability to deduct the selling price of the instant real estate from the Plaintiff who bought the instant real estate, deceiving the Plaintiff, “When making a prior payment prior to the transfer to the certified judicial scrivener account of the constructor, the amount of 20% in advance would be deducted from the selling price,” and had the Plaintiff deposit the Plaintiff into the foreign exchange bank account under the name of the Defendant’
C. The Plaintiff, which belongs to the Defendant’s deception, deposited a total of KRW 127 million in the foreign exchange bank account under the name of E, by misunderstanding that the foreign exchange bank account under the name of E is a certified judicial scrivener account of the owner of the building. However, it was confirmed that the Plaintiff deposited KRW 66 million in the purchase price, which was KRW 66 million in the purchase price, to the owner of the building. The Defendant used the remaining KRW 61 million for personal use, not for the sale price.
On March 28, 2016, the defendant recognized his mistake, and returned the above KRW 61 million to him, and even though he did not comply with the loan certificate "B, who is one of his own books, borrowed KRW 61 million to A and repaid it until March 31, 2016."
E. Therefore, the Defendant shall pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 20, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.
2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);