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1. As to the Plaintiff, Defendant B’s KRW 125,600,000, and Defendant D’s respective of Defendant B and each of them, KRW 79,600,000, and each of them.
Reasons
1. Facts of recognition;
A. Defendant B, on August 22, 2014, assumed office as an internal director of Defendant C Co., Ltd. (hereinafter “Defendant Company”), but resigned on May 13, 2015.
B. On June 6, 2015, Defendant B: (a) induced the Plaintiff to enter into a consignment contract with the members of the Association for G Apartments, which is constructed as an urban environment rearrangement project in Yongsan-gu Seoul, Seoul, for B147 (hereinafter “instant one real estate”); and (b) deceiving the Plaintiff to sell at 5% discount; (c) the Plaintiff deposited KRW 1 million in the Defendant Company’s account on the same day; and (d) paid KRW 1 million to the Defendant B on the last day of the same month.
C. On July 1, 2015, the Plaintiff: (a) prepared a provisional contract to purchase the instant real estate in KRW 672,008,625; (b) deposited KRW 18 million into the Defendant Company’s account on the same day; (c) in the said provisional contract, the Defendant Company agreed to compensate for a double of the down payment upon the seller’s reversal of the contract; and (d) the Defendant Company and the Defendant Company were written as a partner sales consignment.
On July 7, 2015, Defendant B: “In the event of purchasing the same G Apartment 207 units (hereinafter “instant 2 real estate”), Defendant B conspireded it to receive KRW 40 million, which is 10% of the purchase price, and received it at a premium; only the down payment should be made; and there is no need to transfer the name; the Plaintiff made a sales contract; on the same day, the Plaintiff deposited KRW 10 million with Defendant B’s account; and the said contract was also written by Defendant B and Defendant B as a trade consignment.
E. However, the Plaintiff asserted that Defendant D is a purchaser of the instant two real estate, indicating the sales contract prepared with H, the original owner of which was the Plaintiff. On July 28, 2015, the Plaintiff entered into a contract for transfer and acquisition by succession of rights with Defendant D, and paid KRW 69.6 million to Defendant D.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12.