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1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from July 19, 2018 to May 12, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant asked the Plaintiff to lend money on October 2016. On November 22, 2016, the Plaintiff lent KRW 20 million to the Defendant on November 22, 2016, and additionally lent KRW 20,000,000 on December 19, 2016.
The Defendant intended to repay the loan as it sells 1,323m2 (hereinafter “instant real estate”) prior to the time of the Government of Jung-gu.
B. On December 19, 2016, the Plaintiff and the Defendant agreed to enter into a sales contract for the instant real estate, agreed to enter into the said loan as the down payment and intermediate payment of the real estate sales contract. On November 18, 2016, the Plaintiff entered into a contract to purchase the instant real estate from the Defendant for KRW 210,000,000 (hereinafter “instant sales contract”).
The contract states that KRW 20,000,000 of the purchase price of KRW 210,000 shall be paid on a contractual basis; the intermediate payment of KRW 20,000,000 shall be paid on December 19, 2016; the balance shall be paid on March 30, 2017; and as a special agreement, the transaction price shall be adjusted at the time of transfer.”
C. On April 17, 2017, the Plaintiff agreed to withdraw a loan security interest of KRW 74,000,000 to the Defendant on the grounds of the agreement to withdraw the remainder of the contract, and the Plaintiff’s purchase of KRW 114,00,000 for the buyer’s contract deposit, intermediate payment of KRW 40,000,000 and KRW 74,000 for loans, and KRW 74,000 for a total of KRW 114,00,000,000 for several occasions, and the Plaintiff’s joint signature registration was not performed through doping, and the Plaintiff’s repayment of KRW 40,00,000 for principal by May 15, 2017 was made.
The Defendant, on September 20, 2017, paid the down payment and the intermediate payment to the Plaintiff, and delayed payment of the remainder, was due to the payment of the down payment and the intermediate payment that was made to the Plaintiff on September 20, 201, and the Defendant shall take over KRW 74 million from the bank loans it paid to him/her at least 40 million without any gold. In addition, the Defendant shall take over the remainder.