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1. The Defendant’s KRW 39,088,700 and the Plaintiff’s annual rate of KRW 5% from August 11, 2014 to April 14, 2015.
Reasons
1. Facts of recognition;
(a) C, D, E, F, and G were to purchase land, such as Gwangju City I from H H and to undertake a development project for constructing multi-household housing by purchasing multi-household housing;
B. C, which was unable to raise funds, was divided into JJ 169 square meters and K 201 square meters (round October 15, 2010) that the Defendant intended to purchase the said land, and transferred the part of the said land to J 370 square meters (hereinafter “instant land”).
C. In order to raise the above acquisition fund, the Defendant borrowed a total of KRW 200 million from the Plaintiff (=200 million + KRW 100 million on February 18, 2010 + KRW 190 million on February 19, 2010). The Defendant agreed to pay to the Plaintiff KRW 260 million including interest, when the Defendant completed the construction of a multi-household house newly built and sold in lots between the Plaintiff and the Defendant.
After that, the Defendant agreed with the Plaintiff to transfer the instant land to the Plaintiff instead of paying the above loan amount, and the Defendant agreed to settle the expenses incurred by the Plaintiff, including the establishment of an entry road into the instant land.
On October 15, 2010, the Plaintiff received a registration for the transfer of ownership from the above clan with respect to the instant land.
E. On October 15, 2010, the Defendant additionally borrowed KRW 130 million from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 2-2, Gap evidence 3, 4, Gap evidence 6-1, Eul evidence 16, and the purport of the whole pleadings
2. The Plaintiff, as the cause of the instant claim, lent a total of KRW 390 million to the Defendant. The Plaintiff received the instant land equivalent to KRW 140 million from the said loan as payment in kind, and additionally received KRW 28 million ( KRW 10 million + + KRW 10 million on July 29, 2013 + + KRW 10 million on July 29, 2013 + KRW 8 million on October 8, 2013). The Plaintiff asserted that the remainder of the loan to the Defendant was paid KRW 222 million (= KRW 390 million-140 million-28 million) and damages for delay.