정산금
1. A plaintiff (Counterclaim defendant) who exceeds the money that orders payment under the following among the counterclaims by the court of first instance.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. From 2009, the Plaintiff has been engaged in monetary transactions, such as the Defendant’s and Defendant’s wife E and the Defendant’s wife, cash loans for consumption, sequences (E as its principal agent, Plaintiff’s principal agent, etc.).
In the process, the Plaintiff used each passbook in the name of a national bank, a passbook in the name of a national bank, and a passbook in the name of a national bank, and a passbook in the name of a defendant and a defendant Eul used the passbook in the name of a national bank, the Nong Bank, and an ASEAN.
B. The Plaintiff, under the pretext of deposit, remitted each of the Defendant’s national bank accounts, KRW 150 million on May 18, 2010, KRW 30 million on June 25, 2010, and KRW 220 million on June 29, 2010, respectively, to the Defendant’s national bank accounts (hereinafter “instant deposit”).
1. The debtor A (the plaintiff) borrowed 60 million won in cash to the creditor B (the defendant) as part of the deposit amount of KRW 260 million on the first floor of G building in Dongdaemun-gu H, with the loan of KRW 60 million in cash;
1. The repayment conditions shall be divided into one and two lanes;
1. The first 30 million won shall be the end of December 2010;
1. The second 30 million won shall be the end of May 2011;
1. Interest shall be one percent (1.5%) and shall be twenty-five percent (25%) per month;
C. On August 25, 2010, the Plaintiff borrowed money from the Defendant by receiving KRW 40 million from the Defendant’s Nonghyup Bank account to the Plaintiff’s national bank account.
Before that, on January 29, 2010, the Plaintiff borrowed KRW 10 million from the Defendant’s wife in the same manner, and the Defendant’s wife E also bears the Defendant’s obligation to borrow KRW 10 million.
around that time, the Plaintiff and the Defendant prepared a loan certificate (hereinafter “the loan certificate of this case”) with respect to total amount of KRW 60 million including the Plaintiff’s previous obligations (hereinafter “the loan certificate of this case”).
The main contents of the above loan certificate are as follows:
[Reasons for Recognition] Unsatisfy, Gap evidence 4-3, 6-8, Eul evidence 1, 4, and 6, except where there are separate numbers, each number shall be included, if any.