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1. Defendant B’s KRW 50,000,000 as well as the Plaintiff’s annual interest from October 30, 201 to January 26, 2021.
Reasons
1. Basic facts
A. (1) Of the 42,081m2, F was owned, one of the 21,040.5/42,081m2, G and H, each of the 10,520.25/42,081m2, and two of the 261m261m2 among the 261m2 of the 261m2, which was owned by the Republic of Korea (hereinafter referred to as “instant land”). B. The Plaintiff was a director in a company.
J Co., Ltd. (hereinafter “J”) purchased the instant land from F, G, and H on September 22, 2017 in the purchase price of KRW 8 billion (in the event of a contract, KRW 800 million is paid as of January 22, 2018) (hereinafter “instant purchase contract”). On the same day, F, G, and H paid KRW 80 million to F, G, and H the down payment.
(c)
On September 25, 2017, the Plaintiff and Defendant D entered into a partnership agreement on housing site development and housing development projects on the instant land. The main contents of the agreement include ① payment of KRW 800 million to the Plaintiff, ② preparation and disbursement of KRW 700 million for operating expenses, such as design, authorization, and permission, ② settlement of the gold and balance in the instant sales contract by Defendant D’s borrowing of construction works, PF, trust support, and preliminary sale of land; ③ establishment of a corporation for the implementation of the said project, and transfer the name of the instant land and all rights already secured in relation to the development of the instant land to the said corporation, and the Plaintiff and Defendant D had 50% of their respective shares in the corporation.
(d)
On October 30, 2017, the Plaintiff entered into a consumption loan agreement with Defendant B and the amount of loan KRW 100 million (payment in the amount of KRW 50 million each on October 30, 2017 and November 30, 2017), 12% per annum, and the due date for payment on June 30, 2018, and paid KRW 50 million to Defendant B on October 30, 2017 (hereinafter referred to as “loan claim”). Defendant D jointly and severally guaranteed the Defendant B’s obligation to borrow loans.
【Unsatisfy-founded facts, Gap evidence 1, 2, 6 through 8 respectively.