대여금
1. The Defendant (Counterclaim Plaintiff) paid KRW 120,107,494 to the Plaintiff (Counterclaim Defendant) and its related amount from August 11, 2016 to February 8, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On August 8, 2007, the Plaintiff proposed that the Defendant purchase 200 square meters of the Ulsan-gun C’s land in Ulsan-gun (hereinafter “instant land”) and paid KRW 70 million to the Defendant.
However, the defendant did not purchase 200 square meters out of the land of this case to the plaintiff.
B. On August 17, 2007, the Plaintiff offered a proposal to enable the Defendant to purchase D Apartment 702 (hereinafter “instant apartment”) at racing-si (hereinafter “instant apartment”), and paid KRW 50 million to the Defendant on August 17, 2007.
On August 9, 2007, the Plaintiff concluded a sales contract with the Defendant to purchase the apartment of this case from E with the price of KRW 163 million.
The Plaintiff acquired the collateral security debt of KRW 72 million (the maximum bond amount of KRW 94 million) with respect to the instant apartment from the Ulsan Fisheries Cooperatives, and borrowed the instant apartment from E as collateral and appropriated it to the purchase price, and received the registration of transfer of ownership with respect to the instant apartment on August 10, 2007. < Amended by Act No. 8635, Aug. 10, 2007>
C. Upon receiving a request from the Defendant to lend money for financing related to the supply of munitions, the Plaintiff leased KRW 25 million to the Defendant on January 16, 2009.
The Plaintiff requested the Defendant to lend money to raise funds in connection with merchandise coupon business, and on April 8, 2009, the Plaintiff set the amount of KRW 13 million as interest rate of KRW 36% per annum and the due date of payment on July 8, 2009.
E. The Plaintiff filed a complaint with the Defendant in fraud, etc. on the basis of the foregoing monetary transaction relationship with the Defendant. On January 21, 2015, the Plaintiff prepared an agreement with the Defendant as follows (hereinafter “instant agreement”) and withdrawn the said agreement.
1. As to the sum of KRW 158 million paid by the Plaintiff to the Defendant on August 8, 2007, KRW 50 million on August 17, 2007, KRW 50 million on August 17, 2007, KRW 25 million on January 16, 2009, KRW 13 million on April 1, 2009, and KRW 158 million on April 8, 2009, the Defendant.