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1. The part against the defendant in the judgment of the court of first instance, which orders the payment below.
Reasons
1. In the first instance trial, the Plaintiff made a claim for the agreed amount (160,000,000 won) against the Defendant in the first instance trial, ② the agreed amount claim (60,000,000 won payment agreement as of June 14, 2013), ③ a claim for damages arising from a tort, ④ a claim for restitution of unjust enrichment, ⑤ a creditor’s subrogation claim (B’s subrogation claim for damages against the Defendant), and the first instance court dismissed all the above claims.
In relation to this, the plaintiff filed an appeal and sought the acceptance of the claim for the agreed amount. Therefore, the subject of the judgment at the court is limited to the above part of the claim for the agreed amount.
2. Facts of recognition;
A. On December 201, L apartment reconstruction and rearrangement project association (hereinafter “the above association”) completed the construction of “I apartment” (hereinafter “I apartment”) at the first unit of Seo-gu, Seo-gu, Daegu (hereinafter “the above apartment complex”), and had the 222-dong kindergarten building (the first unit sale price: KRW 2 billion; hereinafter “the instant kindergarten building”) and the 223 Dong B01 and B02 underground commercial buildings (the first unit sale price: KRW 434,495,00; hereinafter “the instant commercial building”).
B. On November 9, 2012, the Plaintiff drafted a bidding agreement (Evidence 2) with B (Co-Defendant of the first instance trial) stating that “I would sell the instant kindergarten building at a container,” and that if I would pay KRW 1.3 billion to B, B would receive the instant kindergarten building from the Plaintiff by December 30, 2012, until December 30, 2012.
As required by B, the Plaintiff paid KRW 50 million to B on November 9, 2012, and remitted KRW 50 million to the agricultural bank account under the name of J used by B on December 20, 2012. On December 26, 2012, the Plaintiff transferred KRW 60 million to the Daegu bank account under the name of the president of the council of occupants’ representatives (hereinafter “the above KRW 60 million”) on December 26, 2012.
(A) No. 3 and No. 4-1, 2) The above 60 million won bank in the name of M, which is an employee of Bobi-fund, on December 27, 2012.