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1. As to the Plaintiff KRW 300,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000 from October 27, 2017, and KRW 200,00,000.
Reasons
1. Basic facts
A. On October 1, 2011, the Defendant entered into a contract with C to purchase the fourth floor F of the building E (hereinafter “instant real estate”) outside Yongsan-gu Seoul Metropolitan Government, which was owned by C, for KRW 750,000,000.
Of the remainder of the purchase price, KRW 310,000,000 out of KRW 6660,000,000 out of the remainder of the purchase price, C substituted the Defendant’s acquisition of the obligation to borrow KRW 310,000,000,000 from G as collateral for the instant real estate, and the remainder of KRW 350,000,000 was actually paid to the Defendant, and the contractual purchaser was decided to be not the Defendant but the H.
B. As to the instant real estate, on January 25, 201, the registration of ownership transfer was completed in the H as designated by the Defendant.
C. On September 6, 2016, the Defendant reduced the amount of KRW 350,00,000,000 to KRW 300,000,000, and the period of repayment for KRW 100,000,000 shall be until October 26, 2017; and the amount of KRW 200,000,000 shall be determined until October 26, 2018; and the Defendant written and provided to the Plaintiff a certificate of borrowing with the purport that C shall repay the amount of KRW 350,00,00 to the pro-friendly Plaintiff.
(hereinafter referred to as “the loan certificate of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap Nos. 1 through 3 and 6 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) In the first place, while the Defendant owed C with the obligation of KRW 350,00,000,000, the Defendant agreed to reduce the above purchase price to KRW 300,000 by the agreement with C and the Plaintiff, and accordingly, the Plaintiff is obligated to pay KRW 300,000 to the Plaintiff. 2) In the second place, even if there was no such agreement between the Plaintiff and the Defendant, the Plaintiff acquired the Defendant’s claim for the purchase price from C on September 6, 2016, and the Defendant consented thereto. Accordingly, the Defendant received KRW 300,000,00 from the Plaintiff.