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1. The Defendant’s KRW 130,000,000 as well as the Plaintiff’s 12% per annum from February 15, 2015 to March 24, 2017, and the following.
Reasons
1. The following facts may be acknowledged in full view of the following facts: Gap evidence Nos. 1, 6, 7-1 to 14, Gap evidence Nos. 8, 11, Eul evidence Nos. 4-1 to 4, Eul evidence Nos. 5-1, 2, 3, Eul evidence Nos. 6-1, 6-2, and Eul evidence Nos. 7-1 to 7-4.
The loan certificate (No. 6) dated 28, 2013 between the Plaintiff, the Defendant, and C was prepared, and the above loan certificate is composed of the borrower and C as a joint and several surety, and the main contents are as follows:
1) The Defendant borrowed KRW 360 million on October 28, 2013, and the borrowing period is until October 27, 2014, and the interest shall be KRW 100,000,000 per month. 2) The transfer of provisional registration for the title E, F, G, and H of the building in Busan Southern-gu (hereinafter “D building”) and the transfer of the provisional registration for the title E, F, and H of the building in Busan-gu (hereinafter “BA”) shall be made, and the sales contract for the title E, L, M, N, P, P, and Q shall be made at the time of repayment of the borrowed amount.
B. On October 28, 2013, the Plaintiff remitted KRW 300 million to the account held in the Defendant’s name. On October 29, 2013, the Plaintiff completed the registration of transfer with respect to the provisional registration of 1/2 shares in the D Building G and 1/2 shares in the D Building G, E, F, and H (hereinafter collectively referred to as “real estate 1”). Around that time, the Plaintiff was provided with the sales contract for I Building K, L, M, N,O, P, and Q.
C. On November 3, 2014, the Plaintiff, the Defendant, and the C prepared a loan certificate (No. 5-1), and the said loan certificate is the borrower and C jointly and severally. The main contents are the same as the loan certificate as of October 28, 2013, in addition to the addition of the extension of the repayment period of KRW 360 million by November 30, 2014 based on the loan certificate as of October 28, 2013.
On February 10, 2015, the Plaintiff completed the registration of transfer of ownership with respect to R and S of the I building on February 10, 2015, completed the registration of transfer of ownership with respect to I building T in the Plaintiff’s name U, and on February 17, 2015, No. 5 of I building V.