1. The Defendant shall pay to the Plaintiff KRW 300,000,000 and the interest rate of KRW 15% per annum from August 31, 2016 to the date of full payment.

Basic Facts

The Plaintiff was awarded a successful bid for the public auction procedure conducted by the K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”) around 2013 and concluded a public auction contract with the 280 household units on the land (hereinafter “each of the instant real estate”), but was notified of the rescission of the contract on the grounds of the remainder of payment. The Plaintiff promoted a negotiated contract with the K non-Real Estate Trust.

On November 15, 2013, the Plaintiff agreed to borrow a total of KRW 10 billion from the Defendant as “10% of merit payment, interest rate, 1.5% per month, and three months from the deposit date of the loan term” (hereinafter “instant agreement”) and paid KRW 50 million to the Defendant on the same day as the expenses.

On December 4, 2013, the Plaintiff agreed to increase the loan amount to KRW 11.5 billion under the instant first agreement, but the loan period to be borrowed by setting the loan period to be one month from the deposit date (hereinafter “instant second agreement”) and paid KRW 250 million to the Defendant on the same day in terms of expenses.

However, the Defendant did not lend 1.5 billion won to the Plaintiff under the instant agreement, and the Plaintiff did not enter into a sales contract with the K non-real estate trust.

Accordingly, D (the omission of the plaintiff's representative director at the time) filed a complaint against the defendant's representative director F with the intention of fraud.

On September 16, 2015, F entered into an agreement with D and “The Defendant shall pay the Plaintiff KRW 200 million to the Plaintiff by August 30, 2016, and KRW 100 million to D, and D shall withdraw the complaint against F” (hereinafter “instant agreement”).

D on December 10, 2015, the Seoul Southern District Prosecutors' Office submitted the withdrawal of complaint and the written agreement to the Seoul Southern District Prosecutors' Office.

[Reasons for Recognition] The plaintiff did not dispute, written evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), and the ground for appeal as a whole. The defendant borrowed money under the agreement Nos. 1 and 2 of this case.