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1. The Defendants jointly share KRW 34,200,000 with respect thereto to the Plaintiff and the period from October 20, 2012 to June 15, 2018.
Reasons
1. Basic facts
A. On May 2007, the Plaintiff entered into a sales contract with the U.S. P. corporation located in the Malaysia (hereinafter “S. corporation”) to purchase D unit houses (Unit) E (Unit) E 118С, and golf membership (hereinafter “instant real estate”) provided as a result of acquiring real estate subject to sale in the Malaysia’s territory with the purchase price of KRW 123 million. On October 21, 2008, the Plaintiff entered into a sales contract with the said content as above.
(hereinafter “instant sales contract”). B.
Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) has brokered the sale and purchase of D and golf membership between Nonparty Co., Ltd. and its buyers, and Defendant B was appointed as the representative director of the Defendant Co., Ltd. on March 3, 2008.
C. The Plaintiff paid KRW 2,00,000 on May 10, 2007 to the bank account in the name of the Defendant Company, etc. with the purchase price for the instant real estate, KRW 14,700,000 on June 5, 2007, KRW 14,700,00 on August 27, 2007, KRW 3,000,000 on August 18, 2008, KRW 23,400,00 on April 29, 200, KRW 58,500,000 on October 8, 2009, and KRW 123,000,000 (hereinafter “the instant purchase price”).
Defendant Company received from the Plaintiff around June 2007.
Of the money stated in paragraph (1), the sum of KRW 33,100,000 was remitted to the non-party company, and the remainder was not remitted for reasons of settlement of brokerage commission between the defendant company and the non-party company.
E. On January 15, 2010, Nonparty Company received KRW 73,800,000 from Defendant Company with the purchase price, including the details of the said remittance, and expressed its intent to transfer the ownership of the instant real estate to the Plaintiff in the event it additionally pays the remainder of KRW 49,200,000.
After that, on October 26, 2012, the Plaintiff paid 49,200,000 won to the non-party company.
F. Meanwhile, where the Defendants additionally bear KRW 5,000,000, the Plaintiff may receive two inorganic golf membership additionally.