대여금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
1. Determination as to the main claim
A. The gist of the Plaintiff’s assertion agreed to receive 1% interest per month and lent a total of KRW 37.7 billion to the Defendant by transferring money to the Defendant’s name or to the Defendant’s name C and D’s name from June 22, 2006 to August 24, 2013.
Even if the defendant recognizes the money remitted to the plaintiff as the principal and partial principal repayment, the principal amount remains 210 million won.
Therefore, the defendant is obligated to pay to the plaintiff the remaining principal 20 million won and damages for delay.
B. According to the evidence evidence Nos. 1 through 4, it is recognized that the Plaintiff remitted a total of KRW 25.6 million to the Defendant’s name account over several times from June 22, 2006 to August 24, 2013, KRW 10 million to C’s name on September 12, 2012, and KRW 2.1 million to D’s name over 21 times from June 25, 2012 to December 8, 2012.
However, in full view of the following circumstances, the Plaintiff’s assertion that the payment between the Plaintiff and the Defendant was a loan under a monetary loan agreement shall be proved by the Plaintiff, and the Plaintiff’s statement Nos. 1, 7, and 18-1 through 5 may be known by adding the entire purport of the pleadings to the entire purport of the pleadings, namely, ① the Plaintiff paid money to the Defendant over a seven-year period of time, i.e., the Plaintiff did not have written a loan certificate, etc., and the Plaintiff appears to have not been urged to pay the payment to the Defendant before filing an application for the instant payment order; ② the Defendant also remitted money to the Plaintiff several times, and the Defendant appears to have not been discussed between the parties regarding the nature, content, and appropriation of the payment. In full view of the aforementioned circumstances, it is insufficient to acknowledge that the payment made by the Plaintiff to the Defendant is a loan, and there is no other evidence to prove otherwise
Therefore, the plaintiff's main claim is without merit.
2. Matters concerning a claim for a counterclaim;