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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from May 22, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. From July 2016, the Defendant, who is a public official belonging to the Korean Intellectual Property Office, was awarded a bid for factories and machinery, such as Gyeonggi-gun D, etc. from around July 2016 to Nonparty C, and was awarded a bid for auction, and was offered a bid for the above factories in the Defendant’s name because only machinery can be sold and sold.
Accordingly, the defendant paid 141,00,000 won for the auction case E by the Jung-gu District Court around July 22, 2016 and was awarded the above factory by participating in the bidding.
B. At around the summer of 2016, the Plaintiff divided the dialogues on the business that the Defendant came to know through the introduction of C and C with respect to the Defendant’s business that would be awarded a successful bid under the Defendant’s name.
Since then, the Plaintiff intends to obtain a loan for an auction of the factory, upon C’s request from the Defendant, borrowed money on the grounds that there must be a balance in the account of the Defendant, and transferred KRW 50,000,000 to the account under the name of the Defendant during the period from September 7, 2016 to September 8, 2016.
At the time of transfer, the Plaintiff entered the Plaintiff’s passbook “CB” in the passbook, and the Defendant again transferred the money deposited by the Plaintiff to C.
C. However, the Defendant failed to pay the price for the above factory by September 9, 2016, which was due date for payment due to the Defendant’s failure to obtain a bank loan, and the Plaintiff was issued a loan certificate stating that “I would have received a loan from A on September 7, 2016 and received a certificate of personal seal impression issued on September 5, 2016 by the Defendant himself/herself, as the Plaintiff did not receive a refund of KRW 50,00,000.”
As a result, the second sale of the above factory was conducted on December 2016, F Co., Ltd. (hereinafter “F”) was awarded a contract and paid the sales price in full around March 2017. The Plaintiff is the F Co., Ltd. upon introduction of C.