A. On January 13, 2010, the Plaintiff and the Defendant agreed to lend the so-called part payment interest payment loan (the time the Plaintiff paid interest on the part payment loan to the buyer, and the buyer pays the interest payment to the Plaintiff at the time of occupancy) and entered into a contract under which the Defendant bought an apartment unit B in Seo-gu Incheon Metropolitan City (the Si Construction: the Si Construction: the Si Construction; hereinafter “instant apartment unit”) No. 2802 Dong 4401 (hereinafter “instant apartment unit”) (hereinafter “instant sales contract”) with the main contents of the contract (attached to supply contract).

B. In addition to the 1-2-paid down payment directly contributed pursuant to the instant sales contract, the Defendant paid the 1-6-round intermediate payment by receiving the interest-free loan from the bank based on the agreement to lend the above intermediate payment interest-free loan.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around October 13, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and intermediate payment loan agreement, etc. under the instant sales contract, but the Defendant failed to comply therewith, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation on behalf of the Plaintiff.

The Plaintiff paid 82,304,551 won (from March 15, 2010 on the date of the execution of the first intermediate payment loan to September 30, 2014, the date of the payment by subrogation) to the said bank on behalf of the Defendant, a borrower, for the management fee of the instant apartment, KRW 2,172,570 (including late payment charges from August 2013 to September 2014 before the cancellation of the said sales contract after the expiration of the occupancy period; and

E. Meanwhile, in accordance with a special contract for restitution stipulated in Article 4(3) of the above sales contract, each part of the above sales contract shall be paid by subrogation to the above bank from the date the plaintiff received the first to the sixth part of the part payment.