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1. The Defendant’s KRW 288,103,543 as well as 5% per annum from May 17, 2013 to June 16, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, together with C, was a co-representative of D Co., Ltd. (hereinafter “D”) for the purpose of leasing and managing real estate, and D was carrying out the business of newly constructing and selling officetels, etc. on land E and F in the Nam-gu Incheon Metropolitan City, Suwon-si, Suwon-si. (hereinafter “instant business”).
B. On March 15, 2010, the Defendant: (a) requested the Plaintiff, a branch office, to lend the instant business fund; (b) agreed to repay the principal within three months; and (c) transfer one office of an officetel newly constructed on the land in Young-gu, Suwon-gu, Suwon-si as interest. Accordingly, the Plaintiff lent KRW 312,50,000 to the Defendant until March 15, 2010.
C. Around April 2010, the Defendant requested the Plaintiff to lend the instant business loan, and the Plaintiff paid KRW 328,000,000 to the Defendant on April 2, 2010, KRW 150,000,000 on April 9, 2010, and KRW 328,000,000 on April 19, 2010.
On March 15, 2010 and April 5, 2010, the Defendant: (a) prepared and delivered to the Plaintiff a written confirmation of payment that one of the Suwon-gu land land-based officetels will be paid free of charge to the Plaintiff; and (b) on April 5, 2010, the Defendant drafted a certificate of loan to the effect that the debtor borrowed KRW 300,000,000 on July 5, 2010, the debtor borrowed D and the purpose of the loan was determined as the down payment and project cost of the land in Incheon Nam-gu and borrowed KRW 300,000,000,000; and (c) on April 26, 2010, the debtor and the borrower borrowed D and the loan used as the down payment and project cost of the F land in Seoul-gu Incheon Metropolitan City as of August 26, 2010.
E. The Defendant repaid the Plaintiff KRW 300,000,000 on July 1, 2010, and paid KRW 90,000,000 on September 15, 201, and KRW 35,00,000 on early 201, and repaid KRW 425,00,000 on September 15, 201, and agreed that each of the above repayment would be appropriated for the repayment of principal.
F. On July 28, 201, the Defendant: (a) “300,000,000 won” to the Plaintiff as part of the Changwon sales amount.