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1. The Defendant (Counterclaim Plaintiff) paid 83,750,000 won to the Plaintiff (Counterclaim Defendant) and its payment from January 14, 2016.
Reasons
1. Facts of recognition;
A. On January 3, 2014, the Defendant entered into a sales contract with the Plaintiff’s Dong Jae-gu, Gyeonggi-gun, Gyeonggi-do, the second floor building (hereinafter “D real estate”) owned by the Defendant, setting the sales price of KRW 350,000,00.
C paid KRW 56,00,000 out of the above purchase price to the Defendant, and C and the Defendant agreed to pay KRW 170,000,000 to the financial institution with respect to D real estate, and KRW 74,00,000 out of the remainder of the purchase price, until April 30, 2014, KRW 50,000,000, respectively, was paid until July 20, 2014.
C On January 3, 2014, with respect to the payment of the remaining purchase price, on April 30, 2014, at par value of 50,000,000 won, at face value of 24,000,000 won on April 30, 2014, and the due date of April 30, 2014, at face value of 50,000,000 won, and at face value of 50,000,000 won on July 20, 2014, respectively, issued three copies of promissory notes on each of the aforesaid promissory notes.
(2) The registration of ownership transfer is completed on January 10, 2014, when two promissory notes are combined with the notarial deeds of two promissory notes, the par value of which is 50,000,000.
B. On September 3, 2014, the Plaintiff and the Defendant sold KRW 196,00,000 with respect to E 202 in Gwangju City (hereinafter “instant real estate”) and entered into a sales contract with the Defendant to the effect that the Defendant acquires the Defendant’s obligation to lend KRW 96,250,000 to the financial institution with respect to the instant real estate (hereinafter “instant sales contract”).
The Defendant issued to the Plaintiff the certificate of promissory notes in relation to the payment of KRW 99,750,000 (=196,000,000) - KRW 96,250,000,000 (hereinafter “the instant sales balance”).
C. On September 3, 2014, the Plaintiff borrowed KRW 20,000,00 from the Defendant (hereinafter “the instant loan”), and issued one promissory note, which was issued on October 3, 2014, to the Defendant, at the face value of KRW 16,00,000, and the due date.