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1. The Defendant: (a) paid 23,030,000 won to Plaintiff A; (b) 23,160,000 won to Plaintiff B; and (c) paid 23,160,000 won to Plaintiff B, on April 9, 2016.
Reasons
1. The following facts may be acknowledged either in dispute between the parties or in full view of Gap evidence 1-2, Gap evidence 2-1-4, Gap evidence 3-1-5, Gap evidence 4, Eul evidence 5, and witness evidence D's testimony.
D around July 2010 from E (hereinafter “F Licensed Real Estate Agent Office”), D has mediated real estate transactions or leased and managed another person’s building under the trade name “G” with a license of licensed real estate agent from E (hereinafter “F Licensed Real Estate Agent Office”), and H, the father and father of the Plaintiff, has leased and managed another person’s building under the trade name “K” from the name of “J Licensed Real Estate Agent Office” (hereinafter “J Licensed Real Estate Agent Office”).
B. On March 16, 2012, the Defendant purchased the 4th floor building located in L/S (hereinafter “instant building”) from D’s brokerage, and delegated D with all rights (contract, collection of rent, etc.) regarding the lease of the instant building.
C. On June 23, 2014, the lease agreement was concluded between H and D representing the Plaintiff, with respect to KRW 305 (hereinafter “305”) among the instant building, between the Plaintiff, the lessor, the Defendant, the lease deposit amount of KRW 30 million, and the period from June 23, 2014 to June 23, 2016. D. On June 23, 2014, the Plaintiff paid KRW 30 million to the Defendant, and D drafted a receipt on behalf of the Defendant. On August 13, 2014, between the Plaintiff and the Defendant, the Plaintiff and D drafted a lease deposit of KRW 302 (hereinafter “302”) with respect to the instant building from August 13, 2014 to the period from June 23, 2015 to August 25, 2015.
F. On August 21, 2014, Plaintiff B paid KRW 29 million to the Defendant among the above lease deposit, and the remaining KRW 1 million was sent to E’s account in accordance with D’s instructions, and D drafted a receipt to Plaintiff B.
G. D With the consent of the Plaintiffs, on January 20, 2015, KRW 305,000,000,000 for lease deposit to M.