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1. The defendant's KRW 25,500,000 as well as 5% per annum from June 25, 2020 to October 22, 2020 as to the plaintiff.
Reasons
1. Judgment as to the main claim
A. The plaintiff's assertion that the defendant borrowed KRW 50,00,000 from C and repaid KRW 15,00,000 to C on behalf of the defendant. Since C received dividends of KRW 46,521,233 as the principal and interest on the above loan in the compulsory auction procedure for real estate commenced on the plaintiff's real estate owned by the plaintiff, the defendant is liable to pay the plaintiff a sum of KRW 61,521,233 (i.e., KRW 15,00,000, KRW 46,521,233) and interest or delay damages thereon.
B. In full view of the purport of the entire pleadings in Gap evidence Nos. 3 through 5, the fact that the plaintiff paid KRW 15,00,000 to C, and the fact that C received KRW 46,521,233 as the principal and interest of December 24, 2019 in the procedure of compulsory auction by official auction by official auction for real estate in Dongjak-gu Seoul Metropolitan Government D, G (Dual), and H (Dual) owned by the plaintiff is recognized.
However, there is no evidence to acknowledge the assertion that the above money was borrowed from C and repaid by the Plaintiff to C on behalf of the Defendant.
Rather, in full view of the statements in Gap evidence Nos. 1 and 3 and the purport of the entire pleadings in witness Eul's testimony, the original defendant and Eul filed an application for purchase of the above real estate in the Seoul Special Metropolitan City Central District Court L real estate auction procedure, which commenced with respect to the building K of Gwanak-gu Seoul Special Metropolitan City, for the purchase of the above real estate, and the amount of KRW 150,000,000,000 is responsible for I, and the remainder is agreed on November 12, 2012 by the plaintiff from bond business operator. The plaintiff received KRW 50,00,000 from C on the same day, and the plaintiff paid KRW 50,00,000 under the name of the deposit for the purchase, but the auction has not become final and conclusive and received KRW 15,00,000,000,000 for the remaining amount until October 10, 2013.