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1. The Defendant shall pay 58,683,400 won to the Plaintiff and 20% per annum from April 29, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. At around 16:00 on March 19, 2014, the Defendant discovered the Plaintiff’s wife E who visited the Plaintiff to purchase the apartment sale right on behalf of the Plaintiff at the “D Real Estate Office” office located in Chungcheongnam-si, Namyang-si, and the Defendant cited the apartment sale contract in the name of the wife FM and, even if the purchase price is paid from E, did not have an intention or ability to transfer the right to sell the apartment sale right, the Defendant made a false statement to the effect that “The purchase price is to transfer the right to sell the apartment sale under the name of the wife F, Namyang-si, G apartment 207, 1501, 1501,00 square meters (113.78 square meters) to E, which is the price paid within the existing area, as the sales premium is to be added to KRW 17 million.
B. The Defendant received 54,720,000 won in total from E, including KRW 17 million in total, KRW 36,400,00 in total, KRW 10% in total, and KRW 1,320,00 in total, and KRW 54,720,00 in total in extended contract amount. Around October 30, 2014, the Defendant got E to remit KRW 3,963,40 in extended development of modern industry.
C. On May 27, 2015, the Defendant was indicted of the Seoul Northern District Court (2015dan1646) as the foregoing facts and was sentenced to a suspended sentence of two years and 120 hours for community service in August 25, 2015.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 4 (including provisional number), significant facts to the court, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 58,683,40 won (=54,720,000 won) in total as unjust enrichment or damages (=3,963,400 won) and the amount calculated by the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 29, 2015 to the date of full payment, as the plaintiff seeks.
B. The defendant, at the time of the conclusion of the above sales contract, received KRW 2 million or KRW 5.5 million out of the sales price, and argued that he is obligated to pay only the profit gained by himself, but the plaintiff's damages amounting to KRW 58,683,400 shall be the criminal act of the defendant.