A. On April 19, 201, the Plaintiff loaned Defendant B a total of KRW 165,00,000,000 (hereinafter “instant loan”) including KRW 30,000,000 on May 23, 2011, KRW 70,000 on June 27, 2011, and KRW 30,000,000 on July 29, 201 (hereinafter “instant loan”).

B. On July 24, 2014, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) prepared a letter to the effect that “Defendant B will repay the principal and interest of the loan to be repaid to the Plaintiff by July 25, 2015” (hereinafter “each letter of this case”) and then deliver it to the Plaintiff accompanied by the Defendants’ certificate of personal seal impression.

However, the defendants did not pay the principal and interest of the above loan to the plaintiff after the date of the above payment.

C. On March 25, 2016, the Defendants drafted a certificate of sale stating that “The principal and interest on the Plaintiff’s loan shall be adjusted to KRW 186,00,000,000, and, upon completion of construction of multi-household houses on the D ground that the Defendant Company’s implementation, should be repaid by means of transferring one household out of the two units of multi-household houses to the Plaintiff (hereinafter “instant certificate”).

Since then, the above multi-household house was completed and the registration for division was completed in the future of the defendant company, but it was not possible to transfer ownership to the plaintiff with respect to the second floor that the plaintiff promised to pay in kind, and the voluntary auction was initiated on March 15, 2019.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, Defendant B, as the principal debtor of the instant loan, confirmed that the principal debtor of the instant loan was ultimately liable to pay KRW 186,00,000 with the principal and interest on the loan to the Plaintiff through the preparation of the instant confirmation document, and the Defendant Company expressed its intent to jointly and severally pay the principal and interest on the loan with Defendant B by preparing the instant letter and the instant confirmation document.