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1. As to KRW 123,534,115 and KRW 23,534,115 among the Plaintiff, the Defendant shall be from April 8, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On January 2012, if the Defendant invested KRW 150 million in the Plaintiff, the Defendant purchased the Gangseo-gu Seoul Metropolitan Government Category 4 of the first floor (hereinafter “instant housing”) from KRW 275 million (including KRW 100,000,000,000) and said that he would sell KRW 350,000,000 until December 2012.
Accordingly, the Plaintiff transferred the sum of KRW 150 million to D’s account designated by the Defendant.
B. On February 10, 2012, the Defendant purchased the instant house in the name of Chokon D.
However, the Plaintiff and the Plaintiff, who did not dispose of the instant house promptly, agreed to pay to the Plaintiff KRW 320 million (195 million when excluding deposit and loan).
After that, the Defendant sold the instant house to E on November 15, 2013.
C. Of the KRW 195 million that the Defendant actually agreed to pay to the Plaintiff, the Defendant paid KRW 10 million on September 2, 2013; KRW 10 million on October 8, 2013; KRW 10 million on October 23, 2013; KRW 40 million on November 15, 2013; KRW 95 million on May 201 through June 6, 2014; and
On November 11, 2014, the original and the Defendant confirmed that the remainder that the Defendant would pay to the Plaintiff in relation to the instant housing was KRW 100 million, and that the Defendant received KRW 100 million from the Plaintiff.
“The receipt (No. 6) was issued. The Defendant did not pay KRW 100 million to the Plaintiff. On December 17, 2014, the Defendant borrowed KRW 100 million from the Plaintiff on January 30, 2015 with the interest rate of KRW 25% per annum and the due date of repayment as of January 30, 2015.
“A. The Plaintiff prepared and delivered a monetary loan for consumption (Evidence 2, hereinafter “instant contract”). E. In relation to the instant contract, the Defendant repaid to the Plaintiff KRW 30 million on January 30, 2015, KRW 20 million on January 31, 2015, and KRW 32 million on April 7, 2015. In addition, around June 2014, the Defendant invested KRW 200 million in the Plaintiff’s purchase of KRW 200 million on the Eunpyeong-gu Seoul Metropolitan Government Fit commercial loan.