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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from August 30, 2016 to the date of full payment.
Reasons
1. Basic facts: (a) on December 19, 201, the Plaintiff completed the registration of ownership transfer on the ground of sale on November 29, 2011 with respect to 102 (hereinafter “instant real estate”) of the building C (hereinafter “instant real estate”); (b) on the same day, the Plaintiff was granted a loan of KRW 100,000,000 from the Livestock Cooperatives with the instant real estate as collateral, and established a collateral security right, which was the maximum debt amount of KRW 120,000,000, the debtor, the Plaintiff, and the Plaintiff-mortgaged Livestock Cooperatives with respect to the instant real estate.
On December 19, 2011, the Plaintiff borrowed KRW 100,000,000 from the Livestock Industry Cooperatives, and then remitted the said money to the account under the name of the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, witness D's testimony, purpose of whole pleading
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserted that when the defendant, who is well aware of the plaintiff's husband, sells E land and building owned by the plaintiff's husband, the plaintiff would pay 2% interest per month when he sells E land and building owned by him, and then lent the real estate of this case to the defendant as security upon his request, but the defendant did not pay only interest until November 19, 2012, and did not pay the subsequent interest, but also did not pay the plaintiff's demand. The defendant's assertion 2) The defendant's claim that the sale price was transferred to 195,00,000 won with the plaintiff's indication of inspection with the plaintiff's husband's intention in the construction process of C building, with the plaintiff's purchase price of 10,000,000 won by borrowing 195,00,000 won from the plaintiff's husband.
B. The following circumstances are acknowledged based on the facts and evidence of paragraphs (1) and (1), the Plaintiff asserts that the amount of KRW 100,000,000, which was remitted to the Defendant on December 19, 201, is the amount loaned to the Defendant. Accordingly, the Defendant’s interest during the one-year period from December 19, 201 to December 19, 201, shall also be the Defendant.