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1. Defendant C shall pay to the Plaintiff KRW 15,00,000 as well as 20% per annum from March 1, 2014 to the date of full payment.
Reasons
1. The Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to Defendant B on June 7, 2011, and thus, it is not sufficient to recognize the Plaintiff’s loan claim against Defendant B solely with the statement of No. 1, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.
2. The Plaintiff’s claim for a loan against Defendant C was lent KRW 10,00,000 to Defendant C on August 16, 201, and KRW 5,00,000 on February 15, 2012, and there is no dispute between the parties. Thus, Defendant C is obligated to pay to the Plaintiff the amount calculated at the rate of KRW 15,00,000 and the delay damages calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 1, 2014 to the date of full payment, as the Plaintiff seeks.
3. Plaintiff’s claim for restitution of unjust enrichment against Defendant C and D
A. (1) The Plaintiff asserts that, upon entering into a real estate sales contract between the Plaintiff and E, Defendant C and D shall act as a broker for the sales contract and receive KRW 30,000,000 as a brokerage commission. Since the above sales contract was terminated thereafter, the Plaintiff shall return the brokerage commission paid on the premise that the above sales contract would be completed normally.
(2) As to this, Defendant C and D asserted that the above KRW 30,000,000 is not brokerage fees, but the amount given as business promotion expenses.
B. As to the fact that the Plaintiff paid KRW 30,000,000 to Defendant C and D as a brokerage commission, it is not sufficient to recognize the fact only by the statement of No. 3, and there is no other evidence to acknowledge it.
4. If so, the plaintiff's claim against the defendant C is justified within the above scope of recognition, and the remaining parts are dismissed as it is without merit. The plaintiff's claim against the defendant B and D are all dismissed as it is without merit. It is so decided as per Disposition.