대여금
1. The part of the claim based on the subrogation right of the Defendant (Counterclaim Plaintiff) among the counterclaims in this case is dismissed.
2...
1. Basic facts
A. The plaintiff is the defendant's South-win.
B. Around February 14, 2013, the Plaintiff received a loan of KRW 300 million from the Defendant on February 19, 2013 by providing a 9,917 square meters of D forest land at Yangju-si, a joint ownership of himself/herself and his/her mother, as security, prior to the subdivision, and remitted KRW 70 million out of the said loan to the Defendant.
C. From April 30, 2014 to June 2, 2015, the Defendant transferred KRW 313,840 per month corresponding to 5.38% per annum to the Plaintiff, which was remitted as above, to the Plaintiff, under the name of the Defendant husband, as the Defendant husband.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 15 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 7, and the purport of the whole pleadings
2. Determination on the main claim
A. The following circumstances acknowledged based on the facts acknowledged as seen earlier, namely, ① the Defendant continuously remitted the amount equivalent to the interest on KRW 70 million that he/she has remitted to the Plaintiff for a period exceeding one year, ② considering that the Plaintiff and the Defendant are male sales companies, the circumstances where the Plaintiff did not prepare a loan certificate and the maturity for payment is not clearly determined can be received. ③ The Defendant asserts that the above amount is not a loan, but a part of the disposal price of the apartment owned by the Plaintiff, and that it is a refund of KRW 329 million in the disposal price of the apartment owned by the Plaintiff, but it cannot be recognized as determined on the counterclaim claim under the following provisions, it is reasonable to view that the Plaintiff lent KRW 70 million to the Defendant on February 19, 2013.
B. Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff 70,000,000 won with 5% per annum as stipulated in the Civil Act from June 3, 2015 to May 1, 2017, which is the day following the date of the final payment of interest, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Matters concerning the counterclaim.