On May 11, 2009, the Plaintiff loaned KRW 287,612,00 to the Defendant on September 30, 201, and agreed that the repayment period shall be September 30, 2010; the rate of the agreement shall be the rate calculated by adding the rate of 9% to the agreed rate of 9%.

(hereinafter “instant loan”). The Defendant delayed the repayment of principal and interest, and as of October 10, 2016, the principal and interest amounting to KRW 489,560,584, including interest and delay damages in total of KRW 287,612,00 as of October 10, 201, and KRW 201,94,948,584 remains. The interest rate for delay at that time remains 12.64% per annum.

[Grounds for Recognition] There is no dispute, and the plaintiff's assertion as to the ground for claim as to Gap's evidence Nos. 1 and 2, and the ground for claim as a whole, the defendant is obligated to pay the plaintiff the principal and interest of the unpaid obligation and its delay

This case’s loan is an intermediate payment loan to an Epypt Korea Co., Ltd. (hereinafter “execution company”) and is an intermediate payment loan to an Epypted B apartment constructed by the same Land Co., Ltd. (hereinafter “same Land”) at the time of loan. However, even though the special agreement was concluded to convert into a long-term loan after moving into a loan at the time of loan, the purport of this agreement is to convert into a long-term loan when the debtor’s ownership transfer registration is completed in the future.

However, the instant real estate cannot be converted into a long-term loan because it is impossible to establish a collateral security due to the failure to complete ownership transfer registration in the Defendant’s future.

On May 4, 2009, the Defendant: (a) received the instant loan from the Plaintiff in order to pay intermediate payment of KRW 287,612,000,00, when the Defendant received the instant loan from Suwon-si B apartment 202, 1302 (hereinafter “instant real estate”); and (b) at the time, the Defendant agreed to convert the instant loan from the Plaintiff to the long-term loan.

The defendant shall pay 200,000,000 won out of the remaining sale price of the real estate of this case 251,661,000 won, and the remaining 51,661,00 won shall be the same discussion according to the collection order.