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1. The Defendant’s KRW 167,700,000 for the Plaintiff and 5% per annum from August 1, 2017 to December 6, 2017.
Reasons
1. Facts of recognition;
A. The defendant is the representative director of C Co., Ltd. (hereinafter “C”) who runs real estate sales business.
B. On November 18, 2015, the Plaintiff entered into an investment agreement with C and one parcel of land, including Daejeon Seo-gu D, and around that time, paid KRW 350 million as the down payment under the sales and purchase contract for the said land, etc. to E, the owner of the said land, etc.
C. However, the above hotel business was not carried out smoothly (However, the registration of ownership transfer was completed in the name of the defendant with respect to the land described in the above paragraph (b)), and the defendant paid to the plaintiff or the F designated by the plaintiff the total of KRW 350 million on March 4, 2016, and KRW 130 million on August 11, 2016.
On February 20, 2017, the Defendant issued to the Plaintiff a cash custody certificate stating that the loan amount is KRW 167,77 million and that the due date is June 30, 2017. On July 3, 2017, the loan amount was the same as the above, but re-written a cash custody certificate stating that the due date is July 31, 2017.
(hereinafter referred to as “the claim of this case” under the said cash custody certificate. E
In addition, on May 2, 2017, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan for consumption with the content that “the Plaintiff lent KRW 52,300,000 to the Defendant on November 9, 2015, the due date for repayment was December 31, 2017” by a notary public under Article 772 of the G Law Firm Deed 2017.
(F) On November 20, 2017, the Plaintiff received a provisional attachment order with respect to the Daejeon Seo-gu D land and above ground buildings owned by the Defendant as the preserved right. On November 20, 2017, the Defendant deposited the amount of KRW 167,70,000 with the court 2017 Gold-gu 7979 and deposited the amount of KRW 167,70,000 from the court on December 21, 2017.
G. Accordingly, on January 9, 2018, the Plaintiff is entitled to the instant authentic deed as the Daejeon District Court Branch Branching 2018TTB1.