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1. The Defendant’s KRW 78,894,268 as well as the Plaintiff’s KRW 12% per annum from May 1, 2016 to January 29, 2018, and the following.
Reasons
1. Basic facts
A. Agreement 1 between the Plaintiff and the Defendant: (a) the Defendant solicited the Plaintiff to make an investment in real estate in a method of obtaining profits by winning a successful bid in the auction procedure; and (b) the Plaintiff and the Defendant on August 30, 2012 by lending funds necessary for the said investment to the Defendant; and (c) the Plaintiff and the Defendant on the following terms (hereinafter “instant agreement”).
Party A (referring to the Plaintiff).
)and B (the defendant)
() Both parties agree to enter into a monetary loan agreement as follows and implement it in good faith. Article 1 Section 1 Section B of the same Act is to borrow 100,000,000 won to “A” and the due date for repayment is to be August 30, 2013. Article 2 Section A and “B” distribute the proceeds from the investment of the borrowed amount to “A” = 3:7. Article 3 Section 3 of the same Act is to deduct the interest calculated at 12% per annum with respect to the borrowed amount from “A” and “B” from the interest accrued at the time of the investment, and interest accrued at the time of the occurrence of interest in arrears. 2) Pursuant to the instant agreement, the Plaintiff paid the Defendant KRW 100,00,000 (hereinafter “instant loan”).
B. Investment 1 in the apartment complex located in Bupyeong-gu Incheon Metropolitan City (hereinafter “C apartment”) in the auction procedure by the Defendant, Bupyeong-gu Incheon Metropolitan City, 207 Dong 802 (hereinafter “C apartment”).
(2) Upon the Plaintiff’s purchase price of KRW 266,80,000, the Plaintiff paid KRW 6,800,000 among the above purchase price, and paid KRW 260,000,000 from the Plaintiff’s corporate bank on October 30, 2012. On the same day, the Plaintiff’s registration of ownership transfer was completed regarding the above apartment. (2) At the time when the Plaintiff acquired the ownership of C apartment, D, who was residing in the above apartment, intended to reside in the said apartment while paying KRW 1,00,000 per month to the Plaintiff and accepted it by the Plaintiff.
As the Plaintiff did not pay the rent promised by D, the Plaintiff filed a lawsuit against D’s wife E seeking delivery of the above apartment on November 7, 2014 (hereinafter “instant extradition lawsuit”).