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1. Defendant D:
A. The Plaintiff A’s KRW 6,900,000 and its related KRW 5% per annum from July 7, 2017 to February 1, 2018.
Reasons
Basic Facts
On August 26, 2013, the Daejeon District Court rendered a voluntary decision to commence the auction procedure (hereinafter referred to as “instant auction procedure”) with respect to the land of Y in Seocheon-gun and the G Hospital Nos. 1 and 2 (hereinafter referred to as “instant real estate”), which is the land owned by the medical corporation E (hereinafter referred to as “E”), and the building on the ground thereof, on August 26, 2013.
In order to receive the bid of the instant real estate in the name of Defendant C, the wife, the Defendant D received KRW 127 million from the Plaintiff on June 17, 2014 (the KRW 1 million was transferred in the name of Plaintiff A’s wife), and KRW 40 million from Plaintiff B on the same day, and paid KRW 361,741,100,000,000,000,000,000 from Plaintiff A on the date of sale of the instant auction procedure.
In the instant auction procedure on June 24, 2014, the highest price was determined by the purchaser as Defendant C, and on July 31, 2014, each registration of ownership transfer was completed on July 31, 2014, for the instant real estate.
Defendant D operated the hospital with the trade name “J hospital” from September 27, 2014 to August 28, 2015 in the instant real estate.
On October 13, 2014, Plaintiff A lent KRW 19 million to Defendant D on October 13, 2014.
【In the absence of any dispute, the facts indicated in Gap's Evidence Nos. 1, 2, 10, and Eul Evidence Nos. 1 and 2 (including the number of each evidence Nos. 1 and 2). The purport of the entire pleadings is that the plaintiffs asserted by the parties to the judgment as to the claim related to the real estate of this case lend money to defendant D as a bid bond for the real estate of this case. As such, the defendant D is obligated to pay to the plaintiff A the amount of KRW 127 million, the amount of KRW 40 million, and damages for delay.
Furthermore, Defendant D, in collusion with Defendant C, by deceiving the Plaintiffs that the instant real estate was awarded a successful bid in the name of Defendant D, and as a bid bond, money from the Plaintiffs.