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1. Defendant C Co., Ltd.: (a) KRW 25,391,569 for the Plaintiff and 5% per annum from September 16, 2017 to November 23, 2017.
Reasons
1. Basic facts - Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”)’s representative director, came to know the Plaintiff through introduction by Defendant B, and on March 15, 2013, the Defendant Co., Ltd newly constructed F apartment on the fourth ground, such as Gangwon-do, Gangwon-do, E (hereinafter “instant apartment”). On the legal issue, if the Plaintiff loans KRW 50 million to the Plaintiff as it is necessary to pay money in a lawsuit, the principal and interest shall be paid more than two months, and as a security, the Plaintiff will be certified as to one apartment, and the Plaintiff borrowed KRW 30 million on March 18, 2013, and KRW 15 million on April 4, 2013.
On March 18, 2013, the Defendant Company and the Plaintiff drafted a sales contract in which the Defendant Company sold the instant apartment Nos. 101 and 408 to the Plaintiff, and authenticated it.
After that, on May 2013, D lent KRW 100 million to the Plaintiff, which was subject to completion of the instant apartment, and D borrowed KRW 200 million to the Plaintiff, one month after the loan of KRW 100 million, and paid the principal and interest of KRW 200 million, and as a security purpose, D borrowed KRW 20 million on May 20, 2013 and KRW 80 million on June 12, 2013, respectively.
On May 20, 2013, the Defendant Company and the Plaintiff drafted a sales contract form with the content that each Defendant Company sell the instant apartment units to the Plaintiff on June 12, 201, and June 12, 2013, and authenticated it. -
However, since D was in excess of the debt, it was without the intent or ability to pay it properly, and it was a plan to use money borrowed from the Plaintiff for the purpose of living expenses, etc.
In addition, the defendant company, around June 201, has induced investments from J&C Co., Ltd., provided the whole apartment of this case as a security for transfer, and completed the registration of transfer of ownership for the above apartment, and therefore, the plaintiff has completed the registration of transfer of ownership for the above apartment.