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1. The Defendant shall pay C 28,00,000 won with a rate of 30% per annum from September 6, 2014 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On February 2012, 2012, C, the spouse of the Plaintiff, entered into a contract for construction work with G Co., Ltd. (hereinafter referred to as “G”) for constructing two multi-unit houses on the ground, including the instant land, where the pertinent land is individually named. In order to construct two multi-unit houses on the ground, such as the instant land, the F Co., Ltd. (hereinafter referred to as “F”).
B. F, upon introducing H as the Defendant’s spouse, borrowed the funds of KRW 300 million necessary for the construction of the said building (hereinafter “the instant loan”), and set up a collateral with the maximum debt amount of KRW 450 million on the instant land, etc. in order to secure the said loan. The F, due to the aggravation of the financial standing, agreed to transfer the instant land, etc. and the new construction of the instant land, etc. with G to a person designated by G on July 23, 2012, and G to assume obligations worth KRW 1.67 billion including the instant loan debt of F (hereinafter “instant agreement”).
C. G constructed a multi-household A (hereinafter “instant Dong”) on the instant land, which is composed of 16 households, and completed the registration of initial ownership under the name of J in accordance with the instant agreement. In order to secure the loan debt, G additionally created a right to collateral security with respect to a part of the instant Dong as to the maximum debt amount of 450 million won on September 14, 2012, and G constructed a multi-household B (hereinafter “instant Dong”) on the instant land, etc. on December 4, 2012, which is composed of 16 households on the instant land, etc. and completed the registration of initial ownership preservation under the Plaintiff’s name on December 4, 2012.
On December 14, 2012, the Plaintiff repaid to I KRW 235 million out of the instant borrowed money.
E. The Plaintiff’s remaining debt out of the instant loan.