1. The Defendant’s KRW 39,308,738 as well as 5% per annum from May 16, 2018 to September 26, 2019 to the Plaintiff.

Basic Facts

On November 13, 2006, the Defendant lent to the Plaintiff KRW 30,000 per month interest rate of KRW 17 million and December 30, 2006. On July 28, 2008, the Defendant lent KRW 52,00,000 to the Plaintiff by setting the interest rate of KRW 3% per month and the due date of repayment on July 28, 2009.

(hereinafter “the instant loan”). On June 12, 2007, with respect to the Plaintiff’s land (hereinafter “instant land”), the ownership transfer registration was completed on June 5, 2007 due to the purchase and sale as of June 5, 2007 (the total transaction value of KRW 40 million) with respect to the portion of shares 220/2,312 to D and E, who are the Defendant’s children.

On August 20, 2008, the Plaintiff paid KRW 50 million to the Defendant.

(hereinafter “instant payment”). The Defendant filed a lawsuit against the Plaintiff seeking the return of the instant loan as the Youngcheon District Court’s Young-ro 2013Kadan1636.

The Plaintiff transferred the ownership of the instant land to the Defendant’s children and claimed that the instant loan was repaid in kind. However, on November 27, 2013, the said court rendered a favorable judgment regarding the purport that “the Plaintiff shall pay the Defendant 52 million won and 35 million won from July 28, 2008 to April 30, 2013 at each rate of 30% per annum from August 21, 2008 to April 30, 2013, and from the next day to the day of complete payment” in the purport that “the Plaintiff shall pay the Defendant 52 million won and 35 million won per annum from the next day to the day of full payment.”

Accordingly, the Plaintiff appealed, but the appellate court was dismissed on August 14, 2014 on the grounds as above in the case No. 2013Na6999, which was the appellate court, and the said judgment became final and conclusive around that time.

(hereinafter “instant judgment”). On the other hand, on August 22, 2008, the Plaintiff is Gangwon-gun G.