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1. Defendant C’s KRW 117,100,00 for Plaintiff A and 5% per annum from May 15, 2014 to December 24, 2015.
Reasons
1. Basic facts
A. The relationship between the parties 1) Defendant C is unlimited to operate the “G” located in Ansan-si, a member-gu, Ansan-si, and Defendant D is the husband of Defendant C. 2) The Plaintiff B found Defendant C around July 2013, and became a third party of Defendant C.
B. Around August 6, 2013, Plaintiff B and Defendant C entered into a sales contract with regard to the instant real estate owned by Defendant C (hereinafter “instant real estate”) as “sale price of KRW 400 million, down payment KRW 40 million, remainder 360 million (payment on July 30, 2013), and June 15, 2013 on the same day, and paid KRW 70 million to Defendant C as the purchase price. At the time of entering into the instant sales contract, Plaintiff B and the Defendant C completed the registration of ownership transfer under their own name with respect to the instant real estate on August 30, 2013. At the time of entering into the instant sales contract, the attachment order was set at KRW 380,000,000,000,000,000,000 from the maximum debt amount of the instant real estate to Defendant C as the debtor, H. association, and KRW 385,580,000,00.
3) Around August 30, 2013, Plaintiff B provided the instant real estate with the IF to trust the instant real estate and entered into a loan transaction agreement with the IF to obtain a loan of KRW 170 million. On August 30, 2013, Plaintiff B deposited KRW 107,000,000 with the IF’s account under the said loan transaction agreement, and on the same day, KRW 103,634,958 out of the said money was paid to HF to the HF, and KRW 28,553,500,000 to the members of Ansan-si, Ansan-si. (c) Plaintiff B introduced Plaintiff B, the branch of Plaintiff A, to Defendant C, and Plaintiff A deemed Plaintiff B to have performed the said mortgage on September 7, 2013.
2) After that, Defendant C received money from Plaintiff A, and for Plaintiff A, around October 7, 2013, the terms of the contract for the transfer of the project, around December 25, 2013, and around December 25, 2013.