1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from July 23, 2014 to February 4, 2015.

1. Facts of recognition;

A. The Korea Land and Housing Corporation is a project implementer of the Dilsung-si Housing Site Development Project, including a site of 258 square meters for the combined use of a shop for migrants in Masung-si (hereinafter “instant land”). E sold the instant land from the Korea Land and Housing Corporation and sold it to the Defendant under the status of the right to sell the instant land.

B. On November 5, 2013, the Defendant sold the instant land in the name of the seller E without changing the name of the seller in the name of the seller, and received KRW 346,589,400 from the Plaintiff on November 5, 2013, the Defendant agreed to pay the remainder on November 30, 2013 (hereinafter “instant contract”).

On the same day, the Plaintiff at the same time made payment to the Defendant by November 30, 2013: Provided, That the buyer made and issued a cash storage certificate to the effect that the down payment (30 million won) is to be waived at the time of default by the buyer.

C. On November 30, 2013, the remaining payment date, the Plaintiff demanded that the account number of the passbook be notified to the Defendant for the payment of the balance, but the Defendant did not notify the Defendant of the account number by stating that “the cash is not transferred to the account directly.”

Accordingly, the Plaintiff transferred 66,589,400 won to the Defendant by account transfer, which is not the entire balance.

On December 3, 2013, the Defendant, under the name of E, paid only some of the remaining amounts to the Plaintiff, not the remainder, so the Defendant revoked the instant contract on the grounds of nonperformance, and sent a certificate of content that he/she would confiscate the down payment KRW 30 million according to the agreement to waive the down payment in cash storage certificate.

E. Accordingly, on December 9, 2013, the Plaintiff paid the remainder to the Defendant on the ground of a sales contract (Evidence A A 1) prepared formally with the Plaintiff, and rather, on the ground that the Defendant is the recipient body.