1. The Defendant’s KRW 37,150,492 as well as the Plaintiff’s KRW 6% per annum from December 19, 2014 to April 20, 2015.

1. Facts of recognition;

A. On January 11, 2010, the Plaintiff and the Defendant agreed to lend the so-called part payment interest payment loan (the time the Plaintiff paid interest on the part payment loan to the buyer, and the buyer pays the interest payment to the Plaintiff at the time of occupancy) and entered into a contract with the Defendant for the purchase of B apartment (the apartment of this case: Si construction: C; hereinafter “the apartment of this case”) in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “the sales contract of this case”) with the main contents thereof (the supply contract of this case).

B. In addition to the 1-2-paid down payment directly contributed pursuant to the instant sales contract, the Defendant paid the 1-6-round intermediate payment by receiving the interest-free loan from the bank based on the agreement to lend the above intermediate payment interest-free loan.

C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.

8. Around January 2015, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder, intermediate payment loan agreement, etc. under the instant sales contract at least twice, but the Defendant failed to comply therewith, and the said contract was cancelled on behalf of the Plaintiff on the ground of the Defendant’s nonperformance of obligation on behalf of the Plaintiff.

The Plaintiff paid 7,768,730 won (from March 15, 2010 on the date when the first intermediate payment was loaned to December 19, 2014, the date when the loan was subrogated) to the said bank on behalf of the Defendant, a borrower, for the management fee of the instant apartment, KRW 2,401,840 (including late payment charges from August 8, 2013 to November 2014, after the expiration of the occupancy period; and

E. Meanwhile, when applying a special contract for restitution stipulated under Article 4(3) of the above sales contract, the Plaintiff returned each part of the above payment to the Defendant by subrogation from the date the Plaintiff received the first to the sixth part of the intermediate payment to the above bank.