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The defendant shall pay 290,00,000 won to the plaintiff and 20% per annum from April 11, 2015 to the day of complete payment.
Reasons
Basic Facts
B is a person who brokers trade in golf membership exchange, and the defendant is a company that operates a sports membership brokerage business.
B around July 2013, 2013, the Defendant heard the awareness that the golf membership membership from the Defendant is in the form of a ticket, and solicited the Plaintiff to purchase the said golf membership in the form of water. The Plaintiff decided to purchase the membership, and transferred KRW 300,000,000 to B on July 26, 2013.
(hereinafter) On the same day, B requested the Defendant to purchase the above golf membership under the name of the Plaintiff, and remitted the instant payment under the name of the down payment and intermediate payment of the purchase price.
In the event that the sale of golf membership was no longer made due to the withdrawal of the seller’s intention on August 2013, the Plaintiff requested the Defendant to return the instant payment through B, but the Defendant did not comply with the request and appropriated the full amount of the instant payment to the Defendant’s loan claim against B on August 28, 2013.
The Plaintiff was returned KRW 10,00,000 from B on September 5, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and Eul evidence Nos. 4-2, and the judgment of the plaintiff's claim for the purport of the whole pleadings is based on the following facts, which are acknowledged as being comprehensively based on the whole purport of the pleadings in Gap evidence No. 4-2. In other words, the defendant and Eul have continuously traded for ten years since they were engaged in golf membership brokerage business. In the above golf membership trading, the defendant is deemed to have participated as a seller's broker, Eul is deemed to have been involved as a buyer's broker, and the above golf membership trading case was no longer established, Eul requested the defendant to "the payment of this case is the money owned by the plaintiff, thus return it is returned." In light of the above facts, the defendant is acting as a broker for the above golf membership trading with Eul.