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1. The Defendant shall pay the Plaintiff KRW 72,00,000 and the interest rate of KRW 15% per annum from December 3, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant sold real estate owned by the Plaintiff on behalf of the Plaintiff, and did not pay KRW 72,686,686 out of the purchase price received from the buyer to the Plaintiff.
B. On May 15, 2016, the Plaintiff and the Defendant decided to settle the purchase price, etc. to be returned to the Plaintiff as KRW 74 million. On the same day, the Defendant prepared a loan certificate stating that the Plaintiff will pay the loan amount of KRW 74 million in installments for the period from May 2016 to 36 months.
C. The defendant paid 2 million won out of 74 million won in the above loan certificate and did not pay the remainder of 72 million won.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. In a case where both parties to the judgment are liable to pay money, not by a loan for consumption, if both parties agree to make the subject matter the object of a loan for consumption (see Article 605 of the Civil Act), the loan for consumption becomes effective (see Article 605 of the Civil Act). Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 72 million not paid out of the loan amount under the quasi-loan for Consumption agreement dated May 15, 2016, and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 3, 2016 to the date of full payment, which is the day following the delivery of the copy of the complaint of this case. The Plaintiff’