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1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which constitutes the following amount of payment:
Reasons
1. Basic facts
A. On February 14, 2008, the Plaintiff, with the knowledge of Defendant C and Pyeongtaek, delegated Defendant B, the husband of Defendant C, with the business of receiving the successful bid of the said auction subject matter in the voluntary auction procedure commenced to the Seoul Central District Court E on February 14, 2008 with respect to the apartment house No. 2 (hereinafter “instant apartment house”).
Accordingly, from October 15, 2009, Defendant B was conducting an auction as the Plaintiff’s agent. The Plaintiff acquired ownership by receiving a successful bid for the instant apartment house on June 4, 2010, and paying the purchase price in full.
B. On October 11, 2010, the Plaintiff entered into a lease agreement with I on KRW 40,000,000 for the instant tenement, and KRW 300,000 for the monthly rent. On the same day, the Plaintiff deposited KRW 4,00,000 for the transfer of KRW 3,70,000 for the Plaintiff’s overseas exchange bank account.
C. On October 14, 2010, the Plaintiff borrowed KRW 10,000,000 from his own store to J, and received it from the Plaintiff to the said foreign exchange bank account. After diving, the foreign exchange card was withdrawn from the said account and the amount of KRW 8,969,072 remains. Defendant C withdrawn KRW 8,960,000 out of the said balance from the said account at the point of a foreign exchange bank affiliated with the Korea Exchange Bank on the same day.
On November 1, 2010, the Plaintiff loaned money to an insurance solicitor N who was known to the Plaintiff, and N transferred KRW 10,000,000 to the account of the Defendant Han Bank, which the Plaintiff worked, from the one bank Mirs account (the balance - 4,029,683 won at that time) on the 15th of the same month.
E. On November 30, 2010, the Plaintiff received the remainder amount of KRW 36,00,000 from Defendant C, but I received 36,00,000 from us as a check, etc. Of which, the check of 10,00,000 won at a face value was transferred to NA’s account at around 15:43:21 on the same day, and then transferred the said money to NA’s account at around 15:59:40 on the one hand.
(f).