1. The Defendant shall pay to the Plaintiff KRW 132,264,582 and the interest rate of KRW 12% per annum from April 11, 2019 to the date of full payment.

Basic Facts

The Defendant and C conspired from March 2016 to August 2017.

C On February 2, 2017, with the Plaintiff without the Defendant’s consent, the Plaintiff entered into a shopping mall sales contract (hereinafter “instant contract”) on September 23, 2016 between the Plaintiff and the seller of the instant building E (hereinafter “instant store”) with the purchase price of KRW 1,788,40,00,000, the purchase price of KRW 884,000,000, the building price of KRW 8884,000,000, the purchase price of which is KRW 884,40,000, the purchase price of the instant building (hereinafter “instant contract”).

C On April 14, 2017, upon obtaining the Plaintiff’s consent and completing the registration of ownership transfer in the Defendant’s future with respect to the instant store on the condition that part of the purchase price was paid, and on May 30, 2017, a proposal was made to the Defendant that “The instant store may be purchased and sold at a higher price, and the Defendant would obtain a loan under the Defendant’s name.”

On June 8, 2017, the Defendant, along with C, visited FF associations (hereinafter “F”) with respect to loans for the purchase price of the instant store, drafted a letter of credit transaction agreement.

As to the store of this case on the same day, the defendant is the debtor and the person who created the right to collateral security, and the document establishing the right to collateral security was prepared with F the maximum debt amount of KRW 1.2 billion, and the registration of creation of mortgage was completed on the same day.

On July 18, 2017, the Defendant prepared a loan certificate stating that “In order to have the instant store sold in lots and borrow agricultural loans for the payment of remainder, the actual seller of the instant store borrowed KRW 400 million from the Plaintiff to H on the day, and transfer the deposit money to H on the day, and immediately deposit money shall be deposited to the Plaintiff when it is deposited from H.”

On August 24, 2017, the Defendant requested G to sell the instant store to another person with text messages, and provided that “The value-added tax shall be refunded out of the sales price of the instant store paid by G.”