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.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Loan loan loan contract on the date of repayment of the basic facts No. 1404, Dec. 11, 2018; on December 201, 2019, December 201, 2019; on December 24, 2018, 200,000 on December 30, 2019; on December 30, 2019, December 24, 2018; on December 24, 2019, 300,000 on December 24, 2019; on December 24, 2019, 300,000,000 on September 25, 201, 209; on the aggregate of 400,009, Jan. 29, 2019; on the basis of the aforementioned agreement;
A. The Plaintiff prepared each monetary loan agreement with the Defendant to borrow money as indicated below (hereinafter “each of the instant monetary loan agreement”). Accordingly, the Plaintiff received each of the following money from the Defendant at each of the dates stated “loan Date” as indicated below.
B. The terms of a special agreement among the terms of each of the monetary loan agreements in this case are as follows:
Article 7 [Matters of Special Agreement] The defendant shall carry out as a representative business operator the purpose of the plaintiff in good faith.
As security under Article 1 of this Loan Agreement, for the plaintiff, 300 million won (minimum sale) of monthly sales based on the defendant's business experience shall be achieved for three months.
3. If the Defendant fulfilled all of the above paragraphs 1 and 2, the obligation of this loan for consumption to the Plaintiff ceases to exist.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion 1) as indicated in each of the instant monetary loan agreements, the Plaintiff leased KRW 95 million to the Defendant four times from December 11, 2018 to January 28, 2019, and received KRW 9,620,225 from the Defendant, and thus, the Defendant is obligated to pay the Plaintiff KRW 85,379,775 (= KRW 95,000,000 - KRW 9,620,225) and damages for delay. (2) Although the Defendant received money from the Plaintiff, the Defendant did not borrow money from the Plaintiff, but received money from the Plaintiff as a part of daily safety funds, etc. while working for the Plaintiff. (3) Each of the instant contracts are each of the instant cases.