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1. The Defendant shall pay to the Plaintiff KRW 405,00,000 and the interest rate of KRW 15% per annum from October 25, 2016 to the date of full payment.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. A. Around September 2006, the Plaintiff purchased at the Defendant’s brokerage for the purchase of KRW 54,00,000,000,000, and KRW 76,000,000,000,000,000,000,00 for KRW 8 of the land owned by D. 2) around July 2007, the Defendant received all documents related to the right to sell each of the above units from the Plaintiff, and sold each of the above units to C and D without permission. Accordingly, on November 17, 2008, the Plaintiff received the Plaintiff’s objection, and issued and delivered the loan certificate with KRW 45,00,000,000,000 from the Plaintiff as the due date, June 1, 2009, and delay damages at 20% per annum.
3) On February 17, 2011, the Defendant was sentenced by the court to a punishment of fraud and embezzlement on account of the sale of the above sale right, and the said judgment became final and conclusive around that time. [The fact that there is no dispute over the grounds for recognition, the entries in Gap 1 through 3, and the purport of the entire pleadings.]
B. 1) Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to prepare the above loan certificate with the Plaintiff to make a quasi-loan contract with the Plaintiff as the amount of damages incurred by the Defendant’s sale of the above loan certificate. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45 million based on the above loan certificate and the damages for delay calculated at the rate of 15% per annum from October 25, 2016 to the date of full payment, as the Plaintiff seeks, as requested by the Plaintiff, as well as from October 25, 2016.
2. Judgment on the defendant's defense
A. The Defendant’s defense against the loan was made by the Plaintiff’s coercion, and thus, the declaration of intention is revoked, and even if not, the Plaintiff agreed not to file a claim based on the above loan certificate with the Defendant during the criminal trial, and thus, the claim based on the above loan certificate has already been extinguished or at least the amount claimed by the Plaintiff should be deducted from the amount claimed by the Defendant.
(b) No. 1-2, 2-3.