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1. The Defendant shall pay to the Plaintiff KRW 5,171,908 and the interest rate of KRW 15% per annum from May 28, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. C (the 10th floor and the 5th underground floor, the 5th underground floor, and the building of this case) newly built by EP corporation on the ground of Songpa-gu Seoul (the 10th floor and the 5th underground floor) as a company conducting real estate sales agency business.
(2) On November 28, 2008, the Defendant concluded a sales contract with EP and 1-D38 of the first floor of the instant building (hereinafter the instant store) with the sale price of KRW 285,037,00, and paid the sale price after paying the sale price, and completed the registration of ownership transfer on September 1, 2009.
3) After E.S., E.S. kept E.E. in custody on the instant building, and E.S. and New World Co., Ltd concluded a sales contract for the entire first floor of the instant building. Accordingly, the Plaintiff, a sales agency, agreed to cancel the sales contract between E.S. and the Defendant with respect to the instant store on the condition that E.S. sales contract was to be rescinded on the condition that the Plaintiff, a sales agent, paid a sum of KRW 312,386,00,000 (hereinafter the instant agreement).
B) At the time of the agreement on the issuance of the tax invoice and the payment of penalty 1) At the time of the agreement, the Plaintiff and the Defendant drafted a false service contract regarding the payment of penalty and decided to pay the service price to the Defendant, and the value-added tax arising therefrom was borne by the Plaintiff.
Accordingly, on November 23, 2009, the Plaintiff and the Defendant drafted a false service contract with the service cost of KRW 312,386,000 (excluding value-added tax). The Defendant issued a tax invoice with the supply value of KRW 312,386,00, value-added tax of KRW 31,238,60 and delivered it to the Plaintiff.
2) On April 2010, the Plaintiff paid KRW 343,624,60 (312,386,000 +31,238,600 + KRW 31,238,600) to the Defendant including value-added tax under the pretext of an agreement to cancel.
Since then, the defendant received the refund of the sale price from the Es. S. Corporation.