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1. Defendant B’s KRW 238,529,435 as well as 5% per annum from October 21, 2014 to November 14, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. From October 18, 2012, Defendant B agreed to pay to the Plaintiff KRW 310 million,00,000,000,000 to the Plaintiff when settling accounts for investments related to D (hereinafter “D”) with the Plaintiff; however, Defendant B agreed to pay KRW 20 million until December 30, 2012, and KRW 30 million until March 20, 2013; KRW 60 million until December 30, 2013; and KRW 200 million until October 20, 2014.
(hereinafter “instant agreement”). (b)
On the other hand, on April 16, 2015, Defendant B completed the registration of ownership transfer (hereinafter “instant transfer registration”) based on the donation (hereinafter “instant donation contract”) with No. 26843 of the Busan District Court’s receipt of the North Busan District Court’s receipt of registration office as to the apartment as indicated in “Attachment 1” (hereinafter “instant apartment”) owned by Defendant C, one’s own wife, on April 16, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 10, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the facts of the judgment as to the cause of the claim, Defendant B is obligated to repay the Plaintiff’s obligation under the instant agreement. The Plaintiff is obligated to pay KRW 20 million out of the agreed amount to the Plaintiff, and KRW 30 million is recovered through seizure of Defendant B’s salary, and KRW 21,470,565 is a person who received dividends in the auction procedure for the real estate owned by Defendant B. Thus, Defendant B is obligated to pay the Plaintiff the remainder of the agreed amount to the Plaintiff, barring special circumstances.
B. On July 26, 2011, the Plaintiff: (a) made an investment in money to Defendant B, who was the representative director; (b) taken office as the representative director of D on July 26, 201; and (c) refused to file an administrative litigation against the revocation of the approval for the establishment of a business, and (d) demanded Defendant B to enter into the instant agreement.