대여금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
1. Basic facts
A. On April 7, 2015, the Defendant, together with C and D, jointly incorporated the Plaintiff Company with a view to operating the Fitice Center as a partnership business from the third floor above the ground level above the ground level above the fourth floor above the ground level (hereinafter “instant store”).
B. Around that time, the Plaintiff Company: (a) leased the instant store from the lessorF management body in the name of C to KRW 50,000,000, monthly rent of KRW 4,500,000 (excluding value-added tax); and (b) on December 1, 2015, the Plaintiff continued to operate the Pate Center under the name of “G”; (c) on the lease deposit amount of KRW 35,000,000, monthly rent of KRW 35,500,000 (excluding value-added tax); and (d) on the lease deposit amount of KRW 20,000,000; and (e) on the other hand, the Defendant established and operated an individual workplace with the name of “H” (excluding value-added tax).
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 3-8 (including a tentative number; hereinafter the same shall apply), video, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The gist of the cause of claim was transferred from April 25, 2016 to October 15, 2017 to the account under the name of the Defendant from April 25, 2016 to October 15, 2017. Since the said money was lent by the Plaintiff Company to the Defendant, or the Defendant was remitted from the Plaintiff without any legal cause, the Defendant is obligated to repay or pay the said money as a loan around the Plaintiff Company and its ancillary unjust enrichment.
B. Even when following the testimony of the witness C who prepared the evidence No. 1 (written confirmation of facts) as to the primary claim, the plaintiff does not seem to have lent the above money to the defendant, and there is no other evidence to acknowledge it, and the plaintiff's primary claim based on the premise that the plaintiff lent the above money to the defendant cannot be accepted.
(c)the ancillary claim;