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The defendant shall pay to the plaintiff KRW 99,831,425 as well as 5% per annum from January 1, 2009 to March 17, 2020 and the next day.
Reasons
1. Facts of recognition;
A. On July 15, 2008, the Plaintiff prepared and delivered each letter (A evidence No. 1; hereinafter “each letter of this case”) stating that “the Defendant shall pay KRW 150,000,000 to December 31, 2008,” from the Defendant.
B. In the case of voluntary auction for D apartment E (C Changwon District Court Decision 2009Kadan26042), which was commenced upon the application of Nonparty C, the Plaintiff received 50,168,575 won as the first mortgagee on March 29, 2010 as the first mortgagee on March 29, 2010.
【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1, Gap’s evidence 4-2, and Gap’s evidence 8 through 10, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 9,831,425 won (i.e., 150,000,000 won - 50,168,575 won) and damages for delay at each rate of 12% per annum under the Civil Act from January 1, 2009 to March 17, 2020, where the delivery date of a copy of the complaint of this case is clear, and from the next day to the day of full payment.
3. Judgment on the defendant's defense, etc.
A. The defendant defense to the effect that each of the instant notes is a document prepared and delivered by coercion by the plaintiff's mother and the defendant while exercising violence. However, there is no evidence to acknowledge it.
B. Around May 8, 2006, the Defendant did not know to the Plaintiff, and the Plaintiff’s mother, who became aware of as a result of the introduction of a branch, entered into a pre-sale agreement with Nonparty G on the purchase price of KRW 150 million with respect to the land I apartment J and K on the fourth parcel of land, Hanam-gun, Hanam-gun, and the purchase price of KRW 150 million, and on May 9, 2006, the claim for transfer of ownership was completed on the Plaintiff’s name. The F paid the Defendant the purchase price of KRW 100 million out of the purchase price ( KRW 30 million on May 3, 2006, KRW 50 million on May 4, 2006, KRW 100,000 on September 1, 2006, and KRW 87 million on September 29, 2006).