대여금
1. The Plaintiff (Counterclaim Defendant) paid KRW 20,466,573 to the Defendant (Counterclaim Plaintiff) and its payment from May 10, 2014 to the date of full payment.
The main lawsuit and counterclaim shall be examined together.
1. Basic facts
A. From March 15, 2012 to November 30, 2013, the Plaintiff lent to the Defendant a sum of KRW 58,500,000,000 to lend money on the date stated in the “date” column of the attached monetary statement to the Defendant.
B. On June 1, 2012, the Defendant rendered a registration of the establishment of a neighboring mortgage to the Plaintiff with the maximum debt amount of KRW 120,000,00 with respect to the land and buildings owned by the Defendant, Songpa-gu Seoul and its ground.
C. The Plaintiff acted as an intermediary for the Defendant to obtain a loan from a financial institution, but the loan was not executed.
On November 30, 2012, the Defendant borrowed KRW 7.75 billion from the Newan Savings Bank, separate from the Plaintiff’s efforts, and paid KRW 90 million out of the above loans to the Plaintiff, and the Plaintiff cancelled the registration of the establishment of the said neighboring mortgage.
On the other hand, at the time of receiving a loan on November 30, 2012, the Defendant prepared a certificate of borrowing KRW 10 million without entering the creditor as above.
(A) Evidence Nos. 1 and 3 and 5 (hereinafter “this case’s loan certificate”). 【No dispute exists with the grounds for recognition, Gap evidence No. 1, Eul evidence Nos. 3 and 5, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the party's assertion 1) The Defendant agreed to pay the Plaintiff a total of KRW 100,000 and interest on the loan 58.5 million, and the Plaintiff's loan 90,000 won in advance, and the Plaintiff's loan 10,000 won in advance. The Defendant paid the loan 90,000 won in advance, and the remainder of KRW 10,000 in the last period. The Defendant is obligated to pay the Plaintiff the above 10,000 won and the damages for delay. 2) The Defendant did not agree to pay the Plaintiff the above 90,000 won in consideration of the loan 10,000 won in advance. The loan 90,000 won in consideration of the loan 10,000 won in consideration of the loan 30,000 won in advance
Defendant.