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1. The Plaintiff:
A. Defendant B shall pay KRW 170,000,000 as well as 20% per annum from September 18, 2013 to the date of full payment.
Reasons
1. Indication of claim;
A. The Plaintiff lent KRW 170 million to Defendant B, KRW 30 million on June 22, 2010, KRW 15 million on June 23, 2010, KRW 15 million on September 8, 2010, and KRW 170 million on September 8, 2010.
B. On the other hand, on November 16, 2012, the Plaintiff sold No. 101, Dong 1, Dong 1, Dong 1, Seo-gu, Incheon Metropolitan City (hereinafter “instant house”) owned by Defendant C on the condition that Defendant C bears deposit for lease on the instant house, and completed the registration of ownership transfer to Defendant C on November 27, 2012.
C. After that, around March 28, 2011, E filed a lawsuit claiming the return of the deposit amount of KRW 60 million against the Plaintiff against the Plaintiff, the Incheon District Court 2012Gadan92226 decided in favor of the Plaintiff on January 31, 2013. On the basis of the executory exemplification of the judgment, E applied for a compulsory auction against the Plaintiff’s real estate to Seoul Central District Court F for a compulsory auction on March 5, 2013.
As to this, on April 5, 2013, Defendant C agreed to pay the Plaintiff the statutory expenses paid by the Plaintiff in relation to E’s lease deposit amounting to KRW 60 million and the lawsuit for refund of the lease deposit amount. Defendant C’s mother, the Plaintiff, jointly and severally guaranteed the Defendant C’s obligation under the said agreement.
E. On April 17, 2013, the Plaintiff deposited KRW 60,446,575, and KRW 1,975,760, in total, KRW 63,422,335, and KRW 63,422,35, with respect to the F Real Estate Compulsory Auction case at the Seoul Central District Court (Seoul Central District Court).
F. Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 170,00,000 for loans and the amount of delay damages calculated at the rate of 20% per annum from September 18, 2013 to the date following the delivery date of a copy of the instant complaint, which is the day of complete payment. ② The Defendants jointly and severally agreed to the amount of KRW 63,422,335, and the amount of delay damages calculated at the rate of 20% per annum from September 18, 2013 to the day following the delivery date of a copy of the instant complaint.