1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from September 24, 2016 to July 18, 2017.

Basic Facts

The defendant is the operator of a business that newly constructs and sells "Dtel" on the ground of Busan Jin-gu C (hereinafter "the officetel of this case"), and the plaintiff is a resident in the vicinity of the construction site of the officetel of this case.

On October 14, 2015, the Defendant entered into a contract with E to newly construct the instant officetel by setting the contract amount of KRW 1,650,000 (excluding value-added tax) as the contract amount, and entered into a contract to enter into the contract on October 15, 2015 with the Daelim Construction Co., Ltd. (hereinafter “Tlim Construction”) as the contract amount of the newly built construction at KRW 2,310,00,000 (including value-added tax).

On April 14, 2016, the Plaintiff agreed to lend KRW 50,000,000 with the Defendant on April 14, 2016 as of April 30, 2016, and E jointly and severally guaranteed the Defendant’s loan obligations.

On the same day as E, the Defendant prepared a notarial deed of debt repayment contract with the security for transfer (hereinafter “notarial deed of this case”) with respect to the above obligation, and issued the instant officetel 1001 supply contract.

On the same day, the Plaintiff remitted 48,500,000 won from the Defendant’s Busan Bank account to the Defendant’s Busan Bank account after deducting KRW 1,50,000 from KRW 50,00 as a prior interest.

On May 3, 2016, the Defendant repaid to the Plaintiff KRW 50,000,00 as stipulated in the lending agreement dated April 14, 2016.

On May 10, 2016, the Plaintiff remitted KRW 30,000,00 to the Defendant’s Busan Bank Account.

[Ground] In the absence of dispute, Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 2, and 13, each fact-finding result of this court's fact-finding with respect to the Nonghyup Bank and Busan Bank, the plaintiff's assertion of the purport of the entire pleadings, and the summary of the party's assertion, the defendant agreed through E to borrow KRW 30,000,000 from the plaintiff as 3% per month. On May 10, 2016, the plaintiff remitted KRW 30,000 to the defendant's Busan Bank account pursuant to the above agreement.

Therefore, the defendant's above 30,000,000 won and damages to the plaintiff.