beta
Text
1. The Plaintiff:
A. Defendant B’s KRW 30,000,000 and for this, KRW 5% per annum from October 1, 2015 to February 27, 2017.
Reasons
1. Facts of recognition;
A. On August 14, 2015, Nonparty D purchased from Defendant C the purchase price of KRW 350,000,000 for Hongcheon-gun E, F, G, H, I land and buildings on its ground (hereinafter “instant real estate”) with the introduction of Defendant B on KRW 310,000,000, the remainder of KRW 310,000,000 on the date of the contract, and the remainder of KRW 310,00,00 for the remainder of the contract.
8. A loan of KRW 224,00,000 (national bank) was agreed upon by the buyer to succeed (hereinafter “instant sales contract”) and accordingly, the Defendant C paid KRW 40,000 as the down payment on the date of the contract, and paid KRW 30,000,000 as the introduction fee to the Defendant B.
B. Around April 2016, Defendant C did not pay any balance on the payment date of the instant sales contract, and thereafter, Defendant C returned KRW 5,000,000, out of the down payment received from D to D.
C. Defendant B returned the introduction fee of KRW 30,000,000 to D, and prepared and awarded a loan certificate.
D transferred to the Plaintiff the claims against the Defendants relating to the instant sales contract.
[Ground of recognition] Plaintiff and Defendant C: The respective descriptions of evidence Nos. 1 through 5-2, 7-1, 2, and 1-2, and the purport of the whole pleadings and the purport of the whole pleadings, and Article 150(1) and (3) of the Civil Procedure Act
2. Determination
A. According to the above facts finding as to the claim against Defendant B, Defendant B agreed to return KRW 30,00,000 to D, and Defendant B is obligated to pay interest and delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from October 1, 2015 to February 27, 2017, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, to the Plaintiff who acquired the claim from Defendant B, as the result, from Defendant B agreed to return KRW 30,000,000,000 to the Plaintiff.
B. Determination as to the claim against Defendant C (1) the parties’ assertion (A).