1. The defendant shall pay to the plaintiff KRW 21,356,09 and KRW 20,440,00 among the costs and KRW 20,40,00 per annum from April 2, 2014 to the date of full payment.

1. Whether to recognize loan agreements between the plaintiff and the defendant

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5, the Plaintiff entered into a loan agreement with the Defendant who purchased the apartment of this case as of December 6, 2010, setting the loan amount of KRW 20,440,00 as of KRW 5% for the payment of KRW 20,440,00, the due date for payment, interest rate of KRW 6.8% per annum, maximum damages rate of KRW 20.08% per annum, and KRW 20.08% per annum; thereafter, the period for payment has been extended on December 6, 2014; and the Plaintiff began to delay the loan from November 29, 2013; and it is recognized that the benefit of January 29, 2014 has been lost.

B. According to the above facts of recognition, the defendant is obligated to perform the obligation under the loan agreement with the plaintiff.

C. On this issue, the defendant argued that since the defendant borrowed 5% of the sales contract amount from the plaintiff in order to get a loan from the national bank in accordance with the contract with the executor C and the plaintiff's business agreement, it is not a loan for the defendant, and since the sales contract has been terminated, it is unreasonable to allow the defendant to pay only a loan equivalent to the sales contract amount. Thus, considering the evidence mentioned above and the purport of the whole pleadings, the defendant signed an application for the loan at his own discretion and signed it as long as he was aware of the fact that the contract amount was borrowed at the time of the loan agreement, it is irrelevant to the validity of the claim and the obligation to pay the loan amount to the plaintiff, and the defendant cannot be deemed exempted from the obligation to pay the loan amount to the plaintiff just because the defendant terminated the sales contract. Thus, the defendant is obligated to pay the principal of the loan borrowed from the sales contract and its interest and delay damages.

2. Evidence presented by the Defendant prior to the amount of reimbursement and the purport of the entire pleadings as to Gap evidence Nos. 6, 8, 9, and 10.