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1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual 12% from October 1, 2014 to September 10, 2015, and the following.
Reasons
1. Basic facts
A. On January 24, 2014, the Defendant, who had worked at the office of licensed real estate agents D and D, operating a licensed real estate agent office in the area planned for the development of the innovation city in Chungcheongbuk-gu, the Plaintiff and the Plaintiff’s high school, entered into an agreement (hereinafter “instant agreement”) with respect to the E commercial bidding (hereinafter “instant commercial bidding”), and paid KRW 363,00,000 to the Defendant on the same day.
When the defendant sells 14 commercial buildings in a successful complex, 50% of the profits shall be allocated to the remaining investors of the down payment.
Of down payment of KRW 572,750,000, KRW 210,000 shall replace the down payment with the bid deposit, and the remainder of the contract amount of KRW 363,00,000 shall have been invested by the Plaintiff and shall distribute the principal and the profits in the highest priority among the proceeds of sale.
Provided, That where the sale is not sufficient, it shall guarantee the principal and one copy per month.
Defendant and seven others, 210,000,000 (tender Bond) and 50% successful bidder of 373,000,000,000: The amount invested by the Defendant investor: the amount invested by the Plaintiff: 373,000,000 guarantor: D
B. On January 23, 2014, the Defendant participated in the instant commercial building bidding, and bid 17 commercial buildings were offered, but three bonds renounced the bid by raising the successful bid price. On January 24, 2014, the Plaintiff received KRW 363,000,000 from the Plaintiff, and then concluded a sales contract with Espice Co., Ltd. (hereinafter “Espice”) with respect to the remaining 14 commercial buildings and paid KRW 573,00,000 (substitute amounting to 240,000,000, and the amount without passbook amount to 363,000,000,000).
C. However, the sales contract for commercial buildings was terminated due to the Defendant’s payment of KRW 155,796,50 among the intermediate payments for commercial buildings in Esty, and the sales contract for commercial buildings was terminated due to the Defendant’s failure to pay the remaining intermediate payments. On January 26, 2015, Esty as the principal deposit, and overdue interests, management fees, electricity taxes, and other charges from the intermediate payments.