대여금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff).
1. Determination on the main claim
A. On February 22, 2006, the Plaintiff loaned KRW 90 million to the Defendant, and at the time, the Plaintiff purchased a loan of KRW 17,858m2 (hereinafter “the instant forest”) from the stage Saemaul Depository at the time of the Plaintiff’s establishment to carry on a partnership business, and agreed to pay the Defendant monthly interest of KRW 2,100,000 ( KRW 40 million) to the Defendant at the time of the establishment of E E, which was established by the Plaintiff to carry on a partnership business.
The defendant paid the plaintiff the last part of interest on August 20, 2007, and did not pay the principal and interest of the above loan until now.
Therefore, the defendant is obligated to pay to the plaintiff KRW 90 million and damages for delay after August 21, 2007.
B. The Plaintiff acquired the ownership of the instant forest on April 13, 2004; on February 22, 2006, the Plaintiff sold the instant forest and delivered a check in his own front of KRW 100 million at the face value (hereinafter “the instant check”); on February 22, 2006, the Defendant paid KRW 5 million to the Plaintiff, who is his wife and D, and around that time, the fact that the Plaintiff received the check by presenting the instant check payment does not conflict between the parties.
However, comprehensively taking account of the overall purport of the arguments in each statement in Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 3-1 through 5, Eul evidence 9-1, and Eul evidence 9-4, the plaintiff filed a lawsuit against the defendant for the payment of KRW 45 million out of the check amount (Seoul Southern District Court 201Gadan74295) on September 13, 2011, and the plaintiff temporarily kept the check in the above proceedings, and the plaintiff kept one-half of the down payment as a joint investor of the forest of this case, and the plaintiff and Eul own one-half of the down payment. Thus, the defendant is obligated to pay the plaintiff KRW 45 million remaining after excluding the amount paid KRW 5 million out of the check amount.