대여금
1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly and severally filed against the Plaintiff (Counterclaim Defendant) KRW 220,738,453 and the aforementioned amount.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 20, 2001, Defendant B: (a) sold a building listed in the separate sheet (hereinafter “instant building”); and (b) completed the registration of ownership transfer; (c) operated bath bath, etc. in the instant building from around that time; (d) the Defendants borrowed KRW 300,00,000 from the Plaintiff in the course of the successful bid of the instant building; and (e) Defendant B, while operating bath in the said building, was invested in the cost of repairing the building as follows.
B. On November 17, 2001, the Plaintiff made a loan of KRW 300,000,000 to the Defendants without fixing the period for repayment (hereinafter “instant loan agreement”). On November 19, 2001, the Plaintiff paid KRW 300,000 to the Defendants.
C. Around May 2002, Defendant B agreed to repair a bath in the first and second floors of the instant building, and to remodel the third floor of the said building into a healthcare room. If the Plaintiff invested expenses, etc. between the Plaintiff and the Plaintiff, the said Defendant agreed to pay the investment amount and its profits, etc. from the sales proceeds, etc. of the instant building (hereinafter “instant investment agreement”).
(2) According to the instant investment agreement, the Plaintiff invested KRW 249,113,00 with respect to the instant building from May 23, 2002 to April 17, 2003 as expenses for the installation of bath bath, etc., and Defendant B subrogated KRW 26,00,000 borrowed from D around December 31, 203.
3. Meanwhile, the Plaintiff and Defendant B changed the third floor of the instant building into a health room after the instant investment agreement, and the Plaintiff would operate the said health room. The Plaintiff operated the health room from October 2002 to October 2004 on the third floor of the instant building, and thereafter, Defendant B operated the said health room from October 2009 to October 204.