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1. Defendant C’s KRW 80,000,000 and the Plaintiff’s annual rate of KRW 5% from December 1, 2017 to September 20, 2018.
Reasons
1. Basic facts
A. On June 2004, the Plaintiff entered into a contract with Defendant C and Nonparty D to purchase all of the rights, such as a person, permission, etc. acquired by F to newly construct an apartment on the land of the above eight parcels (hereinafter “the apartment of this case”), and to purchase KRW 1.550 million, among the above price, KRW 750 million out of the above price, to pay for the entire underground floor of the apartment of this case.
B. On April 19, 2007, the Plaintiff remitted KRW 80 million to the account of Defendant C’s financial institution.
C. On March 25, 2008, Defendant C entered into a sales contract with Defendant C on March 25, 2008 (hereinafter “instant sales contract”) with Defendant C for the entire amount of the instant apartment units, and the amount of the purchase price for the entire amount of the instant apartment units, as well as the portion of the first-third portion, KRW 350,000,000 (hereinafter “instant apartment units”).
(2) At the time of the conclusion of the instant sales contract, KRW 190 million out of the price was paid to Defendant C’s debt KRW 190 million ( principal KRW 160 million, interest KRW 30 million, interest KRW 30 million) in lieu of the payment, and the remainder of the sales price of KRW 160 million was paid when the instant apartment was completed and the apartment was sold to a third party.
(2) Of the instant apartment, the registration of ownership transfer was completed on April 15, 2008 with respect to the entire underground H and the portion of 1/3 of underground I, among the instant apartment, on September 15, 2008.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1 (the same as Eul evidence 1) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff loaned KRW 80 million upon Defendant B’s request. However, upon Defendant B’s request, the Plaintiff loaned the loan to Defendant C’s account.