대여금
1. The Defendant shall pay to the Plaintiff KRW 22,882,885 and the interest rate of KRW 15% per annum from September 20, 2016 to the day of complete payment.
1. Determination on the cause of the claim
A. (1) On February 9, 2015, the Defendant concluded a sales contract on the 105 commercial buildings of Kimpo-si, Kimpo-si (hereinafter “instant commercial buildings”).
(2) On February 9, 2015, the Plaintiff lent KRW 33,722,00 to the Defendant (hereinafter “instant loan”) (However, according to an agreement with the Defendant, the Plaintiff directly transferred the said money to the account in the name of one asset trust, one stock company, which is the deposit account under the said sales contract). On November 5, 2014, the Defendant paid KRW 30 million in the name of the pre-paid deposit under the name of one asset trust, one stock company, and KRW 33,72,00 in the pre-paid deposit under the said sales contract, as KRW 63,722,00 in the pre-paid deposit under the said sales contract.
(3) The Defendant borrowed the above KRW 33,722,00 from the Plaintiff, and on the same day, prepared a cash custody certificate (hereinafter “instant cash custody certificate”) with the following contents as the Plaintiff on the same day.
1. The keeper (Defendant) shall receive and confirm KRW 33,722,00 from the Plaintiff, issue a certificate after signing and sealing it.
2.3,722,00 won out of the above amounts
2.28. The value-added tax shall be refunded immediately;
3. 30 million won out of the above amounts shall be promptly returned at the time of the sale in commercial buildings.
(4) On April 8, 2015, the Defendant received a refund of KRW 3,322,00 from Kimpo-ri, and paid KRW 3,722,00 in total to the Plaintiff on April 10 and April 11, 2015.
(5) On May 16, 2016, the Defendant entered into a sales contract with D on the sales right of the instant commercial building, and on May 31, 2016, changed the name of the contractor in the name of D.
(6) On May 31, 2016, the Defendant paid KRW 7,117,115 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including additional numbers), Eul evidence Nos. 1, 3-1, 4-1, 9-9, the purport of the whole pleadings
B. According to the above facts of recognition, the plaintiff and the defendant raise objection.