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1. The Defendant shall pay to the Plaintiff KRW 494,302,959 and the interest rate of KRW 20% per annum from May 2, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant and C agreed to carry out the apartment project on a parcel of land 2,931 square meters and four lots of land (hereinafter “instant project site”) outside the scope of the project site. The Defendant and C agreed to purchase the instant project site in the Plaintiff’s name due to the circumstance that, if the instant project site is acquired in the name of the Defendant and C, it is difficult to obtain a loan from the financial institution due to the lack of credit rating if it is difficult to obtain the instant project site in the name of the Defendant and C. If they lent the instant project site to the Plaintiff so that the Plaintiff can complete the registration of ownership transfer in the future, they would transfer the ownership registration to the corporation implementing the project without any loss and pay the price therefor.
B. According to the above promise, the Plaintiff purchased the instant business site in the name of the Plaintiff on June 26, 2007 and completed the registration of ownership transfer in the name of the Plaintiff.
C. Since then, the Defendant and C respectively borrowed KRW 500,000,000 from E on June 26, 2007, KRW 770,000,000 from Korea Exchange Bank in the name of the Plaintiff on June 29, 2007, and KRW 200,000,000 from F on November 14, 2007, with the site for the instant project as security, but the said loans were not repaid as the progress of the apartment project was not influence, and the foreign Exchange Bank applied for voluntary auction on the instant project site on March 10, 2009.
The defendant and C failed to repay the above loans while the voluntary auction is in progress, and they did not transfer the registration of ownership to the corporation implementing the business of this case.
E. Ultimately, on September 7, 2010, the instant project site was awarded in KRW 1,603,55,500, and the Plaintiff paid KRW 403,792,840, acquisition tax and property tax and KRW 9,095,780 as to the instant project site to a third party due to the reduction of ownership beyond ownership. The Plaintiff paid KRW 81,414,339,00 after selling the instant project site to a foreign exchange bank.
(f).