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1. The Defendant’s KRW 114,00,000 as well as 5% per annum from April 13, 2013 to July 17, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On July 2007, C entered into a real estate sales contract (hereinafter “instant sales contract”) with the Plaintiff as the Plaintiff’s representative, stating that “The sales price shall be KRW 730 million,000,000,000,000,000 on the land and its ground (hereinafter “each of the instant real estate”) for which ownership transfer registration has been completed under the Plaintiff’s name, and the intermediate payment shall be paid on the day, and the intermediate payment shall be KRW 610,000,000,000,000,000,000,000,000,000 won on the part of the Defendant for collateral security (the maximum bond amount is KRW 61,00,000,000,000,000,000,000,000,000 won is paid on the same day from the Defendant on the same day.”
B. On August 22, 2007, the Defendant cancelled the registration of the establishment of the above neighboring agricultural cooperatives, and the Plaintiff completed the registration of the establishment of each of the instant real estate in accordance with the instant sales contract on the same day.
C. C was loaned KRW 150,000,000 from Pacific Nonghyup on September 12, 2006, and the interest on the said loan was deposited in the name of the Defendant, F (C), G (F), H (F) and I from August 22, 2007 to October 5, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7 (if there are serial numbers, including each number; hereinafter the same shall apply), the result of the order to submit financial transaction information to the government agricultural cooperatives, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff alleged by the parties (1) receives KRW 40 million out of the purchase price of KRW 730 million according to the instant sales contract, and the defendant pays in lieu of the part payment the debts of KRW 576 million against the divers agricultural cooperatives, thereby paying in lieu of the defendant an intermediate payment of KRW 34 million = KRW 610 million - KRW 576 million - KRW 14 million in total of KRW 80 million and the remainder of KRW 14 million, the defendant paid the above KRW 114 million.4 million.