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1. The Defendant’s KRW 65,00,000 and its related amount are 5% per annum from July 1, 2012 to December 27, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant’s father, C borrowed KRW 130,00,000 from the Plaintiff, but repaid KRW 65,00,000 among them and was unable to repay the remainder of KRW 65,00,000 (hereinafter “instant loan”) and paid the remainder of the purchase price for multi-family house D (hereinafter “instant house”) owned by himself in the name of the Defendant, Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant loan”), which was owned by himself in the name of the Defendant, to pay the Plaintiff the remainder of the loans.
B. The Defendant offered C with his resident registration certificate, seal imprint, etc. so that C may dispose of the instant housing. However, around May 2012, C, as the Defendant’s agent, prepared and sent to the Plaintiff the following power of attorney and a letter of commitment (hereinafter “instant letter of delegation”) (hereinafter “instant letter of commitment”) as the Defendant’s agent.
1 Proxy
1. Indication of Sales Contract: Attached Real Estate in this case.
Reference to a sales contract (Attachment omitted)
2. A delegating person: The delegating person of the Plaintiff’s terms of the real estate sales contract attached to the specification of the sales contract indicated in attached Table 1 to the above Paragraph (1) above, which is entitled to exercise his/her right, such as the total right to receive part of the remainder of the purchase price to be received from the buyer on June 30, 2012, including the amount of KRW 255,000,000 (gold KRW 65,000) from the buyer, is delegated to the above delegating person, and the delegating person does not raise any objection against the fact that the mandatory receives the balance of the purchase price from the buyer.
Defendant (Representative C) 2) undertaking: Defendant himself prepared and delivered to the Plaintiff a power of attorney for full receipt of KRW 65,00,000 on the Real Estate Sales Contract, attached to the Plaintiff, with the power of attorney for full receipt of KRW 65,00,00,00, out of the remaining amount, but the said terms of delegation did not comply with the said terms of delegation and the mandatary’s said money.