1. The Defendant shall pay to the Plaintiff KRW 104,00,000 and the interest rate of KRW 15% per annum from September 22, 2017 to the date of full payment.

Facts of recognition

On January 20, 2017, the Plaintiff entered into a contract with the Defendant for the purchase price of KRW 270 million from the purchase price of KRW 301,00,00,00,00,000, under which the Defendant entered into a contract with the Defendant for the new loan of KRW 205,000,000 from three lots of land, such as Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, and the Plaintiff paid KRW 127,00,000 to the Defendant from January 20, 2017 to February 14, 2017.

On April 17, 2017, the Plaintiff changed the ownership of housing units from the Defendant to 205 Dong 401 (hereinafter referred to as “instant loan”), and entered into a contract with the Defendant to increase the purchase price in KRW 340 million (hereinafter referred to as the “sale contract”), and paid the down payment of KRW 7 million on the date of the contract.

However, on June 7, 2017, the Plaintiff agreed to terminate the instant sales contract with the Defendant, and confirmed from the Defendant that “the refund of the down payment due to the termination of the contract shall be made after the sale by the relevant household. The period of refund was a certificate of cancellation that “the refund was not made for the last two months.”

On August 8, 2017, the Defendant returned to the Plaintiff KRW 30 million out of the sales price of KRW 134 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including a provisional number), and the purport of the entire pleadings, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining sales price of KRW 14 million and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 22, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

In this regard, the defendant asserted that the plaintiff and the defendant sold the loan of this case to a third party and refunded it to the third party, but since the loan of this case was not sold to the third party until now, the due date for the refund of the sale price has not yet arrived.

The contract for sale in this case is executed by the plaintiff, the plaintiff, and the defendant.