1. The Defendant paid KRW 7,556,707 to the Plaintiff KRW 5% per annum from May 16, 2012 to February 4, 2014.

I. The plaintiff's ground for claim

1. The facts of recognition (1) The plaintiff is the truster and the KB real estate trust company that is engaged in the housing construction business and the consignee and seller entrusted by the plaintiff.

SK Construction Co., Ltd. is a construction project for the following apartment buildings:

[1] (2) On June 17, 2009, the Defendant concluded a sales contract with the Plaintiff, trustee, and Incheon Seo-gu, Seo-gu, Incheon, with regard to "B 501 Dong 1203" located within the Seo-gu, Seo-gu, Incheon.

- Upon entering into a contract, 5,3640,00 won of down payment, the intermediate payment was a total of 32,1840,000 won, and the remainder amount of 160,920,000 won per time to be paid in six installments, respectively, on the date of notification of occupancy;

- In addition, at the time of the sales contract, the Plaintiff and the Defendant agreed to borrow loans from the National Bank in the name of the Defendant from the National Bank and pay the Plaintiff the interest on the loans to the Plaintiff on the payment date of each intermediate payment, and the Plaintiff paid the interest on the loans to the Plaintiff by the first day before

In addition, the defendant agreed to settle the interest paid by the plaintiff prior to the date of actual occupancy within the period of occupancy designation and pay it together with the balance.

[Article 1(5)3 of the Parcelling-Out Contract: (3) upon the Defendant’s application for a loan, the National Bank paid to the Plaintiff the intermediate payment first or six installments as shown in the table of the Do table set forth in the following 8.8. The Plaintiff paid to the National Bank a total of KRW 34,362,008 (the interest on loans, etc. accrued from each loan to May 15, 201, which is the date of payment for the loan payment, from each loan to December 27, 2011, which is the date of payment for the loan payment, KRW 25,563,393, the interest on loans, etc. accrued from each loan to December 27, 2011, which is the date of payment for the payment for the next period to May 15, 2012).

[The purport of both A and D, as a whole, of the pleadings] - There is no objective data that the Plaintiff paid the “interest” for an intermediate payment loan in excess of the above amount.

(On the other hand, in this case, the Plaintiff claimed the payment of the indemnity on the “paid interest” (4).