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1. The Defendant’s KRW 106,00,000 and its annual rate shall be 5% from March 11, 2009 to November 12, 2015 to the Plaintiff.
Reasons
1. In full view of the purport of Gap's evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 3, and 4, Eul evidence Nos. 1, 3, and 4, and Eul's testimony and all pleadings as to the cause of the claim, the plaintiff sold the apartment as stated in the attached list No. 280,000 to the defendant on Jan. 22, 2009 (hereinafter "the apartment of this case"), the plaintiff completed the registration of transfer on Jan. 23, 2009, the plaintiff completed the registration of transfer on the ground of the above sale to the defendant on Jan. 23, 2009, and the delivery of the apartment of this case was submitted to the defendant on March 10, 209, but the defendant alleged that the apartment of this case was leased to a third party on March 10, 209. Thus, it seems that the delivery of this case was made at the latest.
In lieu of paying KRW 156,00,000 out of the above purchase price on January 29, 2009, the Defendant acquired the Plaintiff’s loan obligation of KRW 156,00,000 with the instant apartment as security, and the Plaintiff is a person who received KRW 18,00,000 from the Defendant as the purchase price, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 106,00,000 (=280,000,000 - 156,000,000 - 18,000,000,000) and damages for delay calculated from March 111, 2009 on the day following the delivery of the instant apartment, to November 12, 2015, each of which is prescribed by the Civil Act with respect to the existence or scope of the Defendant’s obligation to pay the amount of KRW 156,00,000.
The Plaintiff received KRW 112,00,000 under the premise that, instead of paying a part of the purchase price of the apartment of this case, the Defendant acquired the Plaintiff’s loan obligation of KRW 150,000,000 with the Defendant’s apartment as security in lieu of paying a part of the purchase price of the apartment of this case = KRW 280,000,000 - the obligation acquired at KRW 150,000.