대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff's assertion by the parties is the obligation of the defendant to pay to the plaintiff an indemnity amounting to KRW 434,264,640 as well as damages for delay, since the defendant, as the plaintiff, sold each real estate listed in the separate sheet owned by the defendant (hereinafter "each real estate of this case") on or around March 6, 2007, and the total amount of KRW 434,264,64,640 as well as the resident tax (hereinafter "transfer income tax, etc.").
The Defendant directly paid capital gains tax, etc. on the disposal of each real estate of this case, and the Plaintiff did not pay it instead.
In addition, the plaintiff filed the lawsuit of this case seeking the payment of the original loan, and since the claim of this case was changed to the claim for reimbursement according to the substitute payment of capital gains tax, etc. ten years after the payment date of the capital gains tax, etc., the claim of this case was extinguished by prescription.
Judgment
In full view of Gap evidence Nos. 5, Gap evidence Nos. 6-1, 2, and 7's evidence Nos. 1, 6-1, 6-2, and the purport of the whole pleadings, it is recognized that the defendant reported and paid each of the real estate listed in the separate sheet Nos. 1, 2, which was in the name of the defendant's possession on July 9, 2007, to Eul in total amount of KRW 94,60,00,000, out of the purchase price of the real estate listed in the separate sheet No. 394,786,046, Dec. 28, 2007, the plaintiff reported and paid KRW 197,393,020, resident tax, and KRW 39,478,600, and the remaining capital gains tax on February 13, 2008.
Therefore, barring any other special circumstances, the Defendant is obligated to pay the Plaintiff the amount of the substitute payment, such as capital gains tax.
The fact that the plaintiff reported and paid the above capital gains tax and resident tax during the period from December 28, 2007 to February 13, 2008 is as seen earlier. Meanwhile, the plaintiff's right to claim of this case is ten years from the date of disbursement.