A. On December 10, 2009, the Plaintiff leased KRW 160,540,000 to the Defendant with a loan term fixed on December 31, 201 (hereinafter the above loan is referred to as “instant loan,” and the Plaintiff jointly and severally guaranteed the Defendant’s obligation to repay the instant loan to the Plaintiff.

B. Since then, the Defendant’s delinquency in repayment of the instant loan, as of July 1, 2015, the overdue interest rate of the instant loan is 13.05% per annum, and the sum of principal and interest is 239,584,914 won (i.e., principal amount of KRW 16,0540,054 KRW 78,250,054,050).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

2. According to the above facts of determination as to the cause of the claim, the Defendant is jointly and severally obligated to pay to the Plaintiff the sum of the above principal and interest KRW 239,584,914 as well as KRW 16,540,050,000,000,000 from July 2, 2015, which is the day following the above base date until July 29, 2015, which is the service date of the original copy of the instant payment order, to the day of service of the original copy of the instant payment order, 13.05% per annum of the agreement, 20% per annum from July 30, 2015 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and from October 1, 2015 to the day of full payment from October 1, 2015, to the interest rate of KRW 15% per annum from July 29, 2015.

3. Judgment on the defendant's assertion

A. The Defendant: (1) The instant loan agreement constitutes an element that constitutes a real estate sale contract as incorporated into a real estate sale contract, and thus, the instant loan agreement is naturally terminated at the time of termination of the sale contract, and the said contract is cancelled.