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1. The Defendant’s KRW 50,000,000 as well as 24% per annum from October 8, 2017 to March 11, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is a person who has conducted a sale business of the entire house site in Kimpo-si, Kimpo-si.
B. On May 18, 201, the Plaintiff purchased 1239 square meters in Kimpo-si C forest land from D from May 18, 201, for KRW 365,000,000, and paid KRW 33,000,000 in the intermediate payment to D.
Since then, the plaintiff terminated the above sales contract by mutual agreement with D.
C. Since then, the Plaintiff purchased F forest land in KRW 365,00,000 from E as the Defendant’s main line for KRW 1222 square meters.
The Plaintiff agreed to take over KRW 254,176,00 at the time of collateral security of the G Union established with respect to the said land.
However, on December 7, 2012, the Plaintiff received a refund of KRW 233,00,000,000,000, which had been paid up until December 7, 2012 from D, and had the Defendant return the remainder of KRW 110,824,00 to E on December 7, 2012 (i.e., KRW 365,000, KRW 254,176,000), and had the Defendant pay the remainder of KRW 110,824,00,00 on the purchased land (i.e., KRW 365,000, KRW 254,176,000).
50,000 won out of the remainder 60,176,000 won (=23,00,000 won - 110,824,000 won - 50,000,000 won - 12,00,000 won) was agreed to lend it to the Defendant, the principal debtor, on December 7, 2012, in order to raise the interest of KRW 254,176,00,000, which the Plaintiff acquired by the Plaintiff, to pay the interest of KRW 254,176,00 from December 20, 2012.
Accordingly, the Plaintiff received interest from the Defendant until October 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, Gap evidence No. 5-1 and 2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant seeks from October 8, 2017, the following day after the loan amount of KRW 50,00,000 under the quasi-loan for Consumption Agreement dated December 7, 2012 and the final payment of interest thereon, from the Plaintiff, barring any special circumstances.