대여금반환
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The court's explanation of this part of the judgment on the counterclaim is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff and the Defendant concluded a loan agreement with a floating rate of KRW 50 million on July 29, 201 and the expiration date of the loan period on August 3, 2013 (hereinafter “instant loan”). The Defendant established a collateral security loan agreement with a floating rate of KRW 21% (hereinafter “instant loan”). The Defendant borrowed KRW 460 million in total from the Plaintiff (hereinafter “instant real estate”), KRW 360,00,000,000,000 from the collateral of the said loan, KRW 360,000,000,000,000 won, KRW 50,000,000 on August 3, 2011; KRW 360,000; KRW 365,00,000 on August 3, 2011; KRW 3616,000,000 on August 23, 2012; and the Defendant received a loan from the competent district court to pay the interest of KRW 36136,36,0136,036.136.
According to the above facts, the Defendant is obligated to pay damages for delay calculated by the rate of 20% per annum to the Plaintiff within the agreed delay rate of 188,658,197 won in total and the principal of the loan, which is 76,756,637 won in total, and the principal of the loan, from November 23, 2013 to the date of full payment.
B. The Defendant’s assertion regarding the Defendant’s assertion was related to the construction contract concluded between D Co., Ltd. and EAD Construction Co., Ltd. in which D Co., Ltd. invested by the Defendant and D Co., Ltd., and the dispute arose due to the failure to perform the said construction.