Defendant B shall pay 185,00,000 won to the Plaintiff and 20% per annum from November 2, 2013 to the day of complete payment.

Basic Facts

On August 3, 2005, the Plaintiff purchased and sold E-owned land F and G land in the name of the Plaintiff and distributed profits therefrom. The Plaintiff invested KRW 185,000,000, and Defendant B agreed to return the principal amount of KRW 185,000,000 to the Plaintiff from August 3, 2005 to September 9, 2005. Accordingly, the Plaintiff paid KRW 185,000,000 to E with the purchase price of each of the above lands.

However, on May 23, 2007, when the registration of ownership transfer under the Plaintiff’s name was not completed, the voluntary auction (JJ) commenced on May 23, 2007, and sold to I on November 2, 2007. Accordingly, the Defendant B made a letter of payment stating that “350,000,000 won was repaid to the Plaintiff until December 20, 2011, and the Plaintiff cooperates with the Plaintiff without raising any objection at the time of compulsory execution of Defendant C and D’s property, and on September 3, 2012, the amount calculated by subtracting the amount paid from the amount paid as KRW 185,00,000,000 is repaid by September 3, 2013.”

(2) According to the reasoning of the judgment of the court below as to the claim against the defendant B, the defendant B is obligated to pay to the plaintiff the amount of 185,00,000 won agreed upon and the damages for delay calculated at the rate of 20% per annum from November 2, 2013 to the date of full payment under the "Special Act on the Promotion, etc. of Legal Proceedings", which is the day following the delivery date of a copy of the complaint of this case, to the day of full payment.

Defendant B’s resistance dispute and its judgment on the above agreement are the Plaintiff’s investment, and Defendant B is not obligated to return it to the Plaintiff, but the Plaintiff requested to produce it to her husband, and thus, each of the payment forms of this case is intended.