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1. The Defendant’s KRW 200,000,000 as well as 5% per annum from October 16, 2004 to May 20, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. In around 203, the Defendant and C, D, and E (hereinafter “Defendant, etc.”) entered into a partnership agreement to establish and sell a charnel called “H” (hereinafter “the instant charnel”) within G located in the Daegu-gun, and six parcels of land, and entered into a letter of performance with G on October 11, 2003, that the sales price of the said charnel shall be paid KRW 1.5 billion to G with the Defendant, etc.
B. Since then C withdrawn from the above partnership agreement and agreed to continue the partnership business with the Defendant, D, and E, the construction of the instant charnel house was awarded to the Minejin Construction Co., Ltd. on December 23, 2003 (hereinafter “Magjin Construction”).
C. The Defendant, D, and E agreed to borrow KRW 200 million from the Plaintiff on October 15, 2004 due to the shortage of construction funds while the construction of the instant charnel house was in progress, and to repay KRW 600 million to the Plaintiff by October 15, 2004.
(hereinafter “instant agreement”). D.
D on September 30, 2004, for the purpose of securing the obligation of the instant contract amount, D signed a notarial deed of debt repayment contract (No. 1-2,000) with the purport of transferring to the Plaintiff the right (No. 3648, 2000) in the first floor of the instant charnel house as the principal and the agent of the Defendant and E, the amount of debt KRW 600,000,000, and the due date for repayment to the Plaintiff. The notary public drafted a notarial deed of debt payment contract (No. 3648, 204, hereinafter “instant authentic deed”).
E. After October 6, 201, D and E agreed to transfer all the rights and obligations regarding the foregoing agreement to J on the condition that the sum of KRW 1.2 billion in cash (contract deposit KRW 300 million) and that the sum of KRW 250,000 in total of KRW 250,000 in the two-storys of the instant charnel house and KRW 250,000 in the two-storys of the instant charnel house, on condition that the payment of KRW 600,000 among them shall be substituted for the acceptance of the above agreement obligation against the Plaintiff D and E.
F. However, J only pays a down payment of KRW 300 million to D and E, and the remainder of the transfer proceeds.