Therefore, according to the loan contract of this case, the defendant is obligated to pay to the plaintiff 50 million won with 5% per annum under the Civil Act from August 1, 2018 to October 29, 2018, the delivery date of the payment order of this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) around the time of the instant lending contract, the Defendant agreed with C to pay KRW 100 million to C on the condition that C perform the following duties. ① Criminal complaint and civil petition filed by C against the Defendant is withdrawn. ② C delivers the 7th floor of the D building owned by C to the Defendant. ③ Since July 2018, C does not file any civil petition against the Defendant. ③ The Defendant entered into the instant lending contract with the Plaintiff to raise KRW 100 million to be paid to C, and the Plaintiff promised to perform the obligations of C at the time of the instant lending contract.

3. Therefore, the instant lending contract is subject to the fulfillment of C’s obligation, and the Defendant is unable to respond to the Plaintiff’s claim on the grounds that the said condition has not been fulfilled.

B. Determination C bears the above obligation to the Defendant

The defendant's assertion is without merit, since there is no evidence to acknowledge that the above obligation is the condition of the lending contract of this case.

3. The plaintiff's claim for conclusion is justified and accepted.