1. The Defendant’s KRW 2,041,140 as well as the Plaintiff’s annual rate of KRW 5% from July 22, 2016 to December 23, 2016.

1. The following facts do not conflict between the Parties:

On March 11, 2014, the Plaintiff: (a) sold KRW 340,00,000,000 to the Defendant for collateral security obligations, which was created on the said real estate; (b) KRW 150,000,000,000,000 for collateral security obligations, which was created on the said real estate; (c) and (d) concluded a sales contract under which the Defendant succeeds to the obligation to refund deposit worth KRW 115,00,000,000 to the lessee (hereinafter “instant sales contract”).

B. At the time of concluding the instant sales contract, the Plaintiff had a debt of KRW 70 million to the Defendant.

2. Determination:

A. The gist of the parties’ assertion argues that the Plaintiff is liable to pay the Plaintiff the remainder of the purchase price of KRW 80 million after deducting the Plaintiff’s debt KRW 260 million and delay damages, since the Plaintiff agreed to deduct the aforementioned loan from the proceeds from the sale of real estate that occurred after the rebuilding of the instant real estate was carried out.

Thus, the defendant asserts that since the contract of this case was concluded with the plaintiff's loan obligation of KRW 70 million against the defendant to deduct all of the fees of KRW 10 million, it has no more than the purchase price to be paid to the plaintiff.

B. First of all, the part to be deducted out of KRW 80,000 is examined as to whether the Plaintiff’s loan amount of KRW 70,000 against the Defendant was deducted from the price of the instant sales contract, and as to whether the Plaintiff’s loan amount of KRW 1,00,000 is deducted from the price of the instant sales contract, the following circumstances, namely, ① the Defendant demanded the Plaintiff to pay the loan amount of KRW 70,000,000,000, and the Plaintiff purchased the instant real estate and promoted reconstruction.