A. On June 10, 2016, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 40 million for shares of KRW 102/251,00,000 (hereinafter “instant real estate”).

B. In the instant sales contract, the Defendant committed all matters concerning the registration under a special agreement, and agreed to purchase double times (80,000,000) by June 9, 2017, and prepared a notarial deed thereon.

C. The Plaintiff paid KRW 20 million to the Defendant on June 9, 2016, and KRW 20 million on June 16, 2016. The Plaintiff completed the registration of ownership transfer on the instant real estate by Ulsan District Court No. 116174, Jun. 20, 2016.

Meanwhile, on June 15, 2016, the Defendant promised to borrow KRW 80 million from the Plaintiff as of June 15, 2016 and pay to the Plaintiff by June 10, 2017, which is one year after borrowing the amount of KRW 80 million.

“The letter of loan was drawn up.” In addition, on July 8, 2016, D, the Defendant’s representative director, concluded a letter of agreement with D to purchase the instant real estate at KRW 80 million as of June 10, 2017 by Ministry E-office, etc. of notary public E-office, etc., and completed a letter of agreement with D to purchase the instant real estate at KRW 734,000,000.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, on June 9, 2017, the Defendant agreed to pay KRW 80 million to the Plaintiff and to have ownership of the instant real estate transferred from the Plaintiff, and as a means to secure this, the Defendant was obligated to pay KRW 80 million to the Plaintiff, barring special circumstances.

However, since the plaintiff is a person who has received payment from the defendant, the final amount that the defendant should pay to the plaintiff is 68 million won.

B. Defendant’s assertion