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1. Defendant C is 15% per annum from September 7, 2017 to the day of full payment with respect to the Plaintiff’s KRW 2,922,54,70 and the day of full payment.
Reasons
1. Basic facts
A. On July 28, 2011, Plaintiff A entered into a sales contract with F Co., Ltd. (hereinafter “F”) to sell approximately KRW 150,000,000,000 of the real estate listed in the separate sheet (hereinafter “instant real estate”) to be purchased by the said company (hereinafter “instant real estate”) among the real estate in which the said company would purchase at KRW 1.2 billion (hereinafter “instant sales contract”).
B. On October 19, 201, Plaintiff A paid KRW 1.2 billion to Defendant C on the 27th of the same month, and paid KRW 1.48 billion on October 27, 201, including lending KRW 280 million on October 27, 201.
C. However, as Defendant C and F lack of financial resources to purchase the instant real estate, they were unable to transfer ownership under the instant sales contract to Plaintiff A, the Plaintiff and Defendant C established the Plaintiff Company B (hereinafter “Plaintiff Company”) with the representative director around November 201, 201, and purchased the instant real estate with the loan granted under the name of the Plaintiff Company, and completed the registration of ownership transfer for the part that purchased the instant real estate to Plaintiff A pursuant to the instant sales contract.
Accordingly, on November 4, 201, the Plaintiff and Defendant C established the Plaintiff Company as the representative director, and the actual operation of the Plaintiff Company was Defendant C.
E. After that, on November 16, 201, Plaintiff Company purchased the instant real estate from Korea Securities Finance Corporation with KRW 14.48 billion, and completed the registration of ownership transfer on December 7, 201 under the name of Plaintiff Company.
F. The Plaintiff Company paid 1.48 billion won out of the above purchase price as the money paid by the Plaintiff to Defendant C. The remainder of 13 billion won was loaned from the Daegu Bank. The Plaintiff Company guaranteed the Plaintiff Company’s obligations for the above loan to the Daegu Bank.
G. As above, the Plaintiff A, in the name of the Plaintiff Company, whose representative director is the Plaintiff with respect to the instant real estate.