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1. Of the judgment of the first instance, the Defendant ordering the payment exceeding the scope cited below.
Reasons
1. Basic facts
A. The status of the parties is Plaintiff A, the representative director of Plaintiff D (hereinafter “D”) and Plaintiff B, the auditor of Plaintiff B, and the Defendant is a company with the purpose of new construction and sale of a building and a house.
B. The Defendant entered into a sales agency contract between the Defendant and D, as an executor, constructed and sold FN shop (the name was changed to “G” after completion; hereinafter “instant commercial building”). On March 21, 201, the Defendant entered into a sales agency contract with D as to the instant commercial building.
C. Plaintiff A’s lending of money to the Defendant 1) The Plaintiff lent the Defendant a total of KRW 16 million on February 22, 2009, and KRW 16 million on February 23, 2009, to the Defendant. The loan certificate is written as “(interest 2.5%) (the loan certificate is written as January 23, 2009).” (The loan certificate is written as January 23, 2009.
(2) On April 12, 2011, Plaintiff A lent KRW 43 million to the Defendant a total of KRW 61 million. Each of the loan certificates stated as follows: “The interest rate shall be four copies per month.”
3) The Defendant repaid Plaintiff A a total of KRW 77 million on February 10, 2012, and KRW 61 million on May 17, 2012. D. Concluding sales contract between the Plaintiffs and the Defendant, the Plaintiff entered into each sales contract on October 7, 2010 with the Defendant on each of the instant shopping mall 124, and on January 4, 201, each of the instant shopping mall 131.
2) On January 4, 2011, Plaintiff B entered into a sales contract with the Defendant for the instant commercial building 155.3) The Plaintiffs and the Defendant agreed on each of the separate special agreements at that time (hereinafter “instant special agreement”), and the main contents thereof are as follows.
3. When the above-mentioned contractor (the plaintiff c. the same shall apply hereinafter) demands the recovery of the amount already paid, the Implementing Party (the defendant hereinafter the same shall apply) shall return all the amount already paid (the contract amount and the intermediate payment) by the due date.