대여금
1. The part of the defendant-Counterclaim claim added in the trial shall be dismissed;
2. On the merits of the judgment of the first instance.
1. The reasoning for the court’s explanation of this case is as follows. The part of the judgment on the counterclaim claim seeking payment of KRW 132,553,380, which was added by the defendant in the trial, is as stated in the reasoning of the judgment of the court of first instance, except for adding the following Paragraph 3. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. As follows, the part written in the second three and fourth parts of the judgment of the court of first instance shall be written by the following parts:
On April 29, 2014, the Plaintiff filed a claim for criminal compensation on behalf of the Defendant with the Seoul Central District Court, and received a decision to pay criminal compensation of KRW 293,738,400 from the above court on April 29, 2014, and the Defendant received the above money on July 2, 2014, as follows.
As to the amount of remuneration that the Defendant is obligated to pay to the Plaintiff. The Plaintiff: (a) the Seoul Central District Court Decision 2013Gahap514248 decided on April 29, 2014 and the first instance court Decision 2013Gahap514248 decided on May 16, 2014 (hereinafter referred to as the “former Seoul Central District Court Decision”); (b) requested remuneration for the management of delegated affairs based on the calculation of the principal of the winning amount included in the provisional execution order; and (c) Meanwhile, Article 6(2) of the Criminal Compensation and Restoration of Honor Act provides that “where a person entitled to compensation under this Act has received compensation for the same cause as, or exceeds, the amount of compensation to be paid under this Act. If the amount of compensation is less than the amount of compensation to be paid under this Act, the amount of compensation shall be determined after subtracting the amount of compensation.” (c) of the same Act shall apply where a person entitled to compensation under the same cause has received compensation for the same Act.