1. The Defendant’s KRW 90,000,000, and its annual rate from February 13, 2017 to November 1, 2017, to the Plaintiff.

1. In full view of the purport of the arguments as to Gap evidence Nos. 1, 2, and 3, in order to secure the plaintiff's claim amounting to KRW 90 million against the non-party D, the non-party C agreed to set up a collateral security right of KRW 180 million in the name of the plaintiff with respect to the non-party D's claim amounting to KRW 401 square meters prior to Yeongdeungpo-gu E and the non-party F. 239 square meters prior to Yong-si. The defendant acquired each land in accordance with the exchange contract with C on November 11, 2016, and completed the registration of transfer of ownership based on the above exchange contract with C on the same day. At the time of the conclusion of the above exchange contract, the defendant succeeded to the above collateral security right registration obligation against the plaintiff, and the defendant agreed to pay KRW 90 million to the plaintiff jointly with D, C, and the trustee with the plaintiff on December 14, 2016, and the defendant transferred each of the above shares to the trust Korea on the same day.

2. According to the above facts, the defendant is obligated to pay to the plaintiff 90 million won and damages for delay at each rate of 5% per annum under the Civil Act from February 13, 2017, the following day after the copy of the complaint of this case was served on the defendant, to November 1, 2017, which is the date when the defendant rendered a substantial judgment, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day until the date when the defendant paid the full payment.

The Plaintiff filed a claim against the Defendant for payment of damages for delay from November 12, 2016. However, even upon examining the records of the instant case, there is no evidence to deem that the Plaintiff and the Defendant had determined the repayment period before November 11, 2016, and thus, the Defendant’s obligation against the Plaintiff is a debt with no fixed due date, and the Plaintiff’s claim against the Defendant was served on February 12, 2017.