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1. Defendant B’s KRW 325,00,000 and the Plaintiff’s annual interest thereon from December 27, 2016 to May 15, 2017.
Reasons
1. Facts of recognition;
A. On February 16, 2015, Defendant B was delegated with the authority to transfer each of the fishery rights of 4 hectares, among the fishery rights of e-fishing grounds in the South-west Sea E-gun (FF) in the South-west Sea Farming Zone (FF in the South-west Sea) from G, as to the fishery rights of 4 hectares, among the fishery rights of e-fishing grounds in the South-west Sea Farming Zone (HH in the South-west Sea Sea Farming Zone).
B. On February 16, 2015, the Plaintiff entered into a contract with Defendant B and the above fishery rights (hereinafter “instant fishery rights”) to acquire total of KRW 325,00,000 (hereinafter “instant contract”).
C. 1) On February 16, 2015, the date of entering into the instant contract, the Plaintiff deposited KRW 30,000,000 in the Suhyup bank account (Account Number: I) in the name of Defendant B, and on March 31, 2015, deposited KRW 295,000,000 in the balance of the Defendant C bank account (Account Number: J) in the name of Defendant C. 2, Defendant C transferred KRW 295,00,000, out of KRW 295,000 deposited in its account to Defendant B.
1) However, on the wind that Defendant B paid only part of the money he received from the Plaintiff to fishery right holders (D and G), and used the remaining money to repay his personal obligations, the Plaintiff was not transferred the instant fishery right from the fishery right holders. (2) Defendant B was indicted on the charge that Defendant B embezzled the money using the transfer price of the fishery right at his own discretion, and was convicted of having been convicted on August 23, 2017.
( are still pending in the appellate court). (e)
On October 14, 2016, Defendant B: (a) prepared a letter of commitment stating that “I have purchased the instant fishery right from the Plaintiff, with the purchase price of KRW 325,00,000,000; (b) I have agreed to pay the said loan money by December 26, 2016” (hereinafter “instant letter of commitment”); and (c) delivered it to K of the head of the fishing village fraternity.
【Unsatisfied facts, Gap, 1, 3 through 5】