1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff had maintained a decent relationship with the Defendant as a neighbor for a long time. However, on July 26, 201, the Plaintiff lent KRW 150 million to the Defendant and received a loan certificate.

B. By October 2012, the Plaintiff received 150,000 won interest (per annum 12% interest rate) on the said loan from the Defendant over 15 times a month.

C. On October 31, 2012, the Defendant: (a) assessed the Plaintiff and the Defendant’s share (150/406) in the third floor D (the general steel structure 37.484m2; hereinafter “instant commercial building”) of the third floor of the sales unit of the Busan metropolitan Daegu apartment; and (b) assessed the total sales price of the instant commercial building as KRW 4.6 billion as KRW 46 billion; and (c) sold the sales price of KRW 150 million (150 million, 000,406, 000,000) equivalent to the share purchase price; (d) sold the instant commercial building again to the Plaintiff with KRW 150 million,00,000; and (e) concluded a sales contract replacing the said sales price with the Plaintiff and the Defendant’s share; and (e) concluded the sales contract replacing the loan borrowed from the Plaintiff on July 26, 2011 (hereinafter “the sales price”).

After the conclusion of the instant sales contract, the Plaintiff, who did not trade the instant commercial building, completed the registration of the establishment of a mortgage over the instant commercial building with the maximum debt amount of KRW 150 million on September 29, 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. (1) The Defendant did not pay interest of KRW 150,00,000 to the Plaintiff by October 2012, and thereafter, the principal and interest of the loan amounting to KRW 150,000,000 to the Plaintiff. As such, the Defendant provided that the agreement rate of KRW 12% per annum from November 26, 2012 to the delivery date of the instant complaint is 12% per annum, and that from the next day to the day of full payment.