대여금
1. The plaintiff (Counterclaim defendant)'s main claim that was changed and expanded in exchange in this court is dismissed.
2...
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for further determination as to the part concerning the plaintiff's purport of the claim and its cause of the claim, which is alleged in the grounds for appeal by this court, and thus, it is acceptable in accordance with the main sentence of Article 4
(However, in the following cases, [the part which is removed or deleted] [the Plaintiff borrowed money to the Defendant by means of remitting KRW 150,000,000 to the Defendant’s deposit account in the name of the Defendant’s wife, June 19, 2015] from Part 6 to 7 of the first instance judgment.”
On the 4th judgment of the first instance court, the “350,000,000 won” of the first instance judgment is deemed to be “200,000,000 won”.
Part V through 18 of the judgment of the first instance shall be deleted.
The third sale business of 300,000,000 won in the third sale business shall be deemed to be 200,000,000 won in the third sale business.
2. The plaintiff's assertion (a summary of grounds for appeal)
A. As to the claim amounting to KRW 150,00,000 among the principal lawsuit (amended by the cause of the claim), the Plaintiff remitted KRW 150,000 to the Defendant’s deposit account in the name of his wife-Nam E on June 19, 2015.
The Plaintiff requested the Defendant to pay the construction cost for the instant sales business and transferred the money to the said account known to the Defendant, but the said money was not used as the construction cost and was actually used in paying the Defendant’s debt owed to E or E’s mother.
Therefore, since the defendant gains 150,000,000 won from the plaintiff without any legal ground and causes damages to the plaintiff, the defendant is obligated to return unjust enrichment of 150,000,000 won to the plaintiff as well as damages for delay.
B. As to the counterclaim (Appeal and expansion of the purport of the claim) the Plaintiff, with respect to the sales business of this case, KRW 500,000,000 in total of the final and conclusive profits from the Defendant ( KRW 150,000,000 in the first and second vehicles, and KRW 200,000 in the third vehicles).