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1. The parts concerning the counterclaim in the judgment of the first instance, including the claims added and expanded in the trial, are as follows:
Reasons
The basic facts are between the plaintiff and the defendant, and C is the plaintiff's husband and D's husband.
On September 27, 2010, the Defendant, on behalf of the Plaintiff, purchased the sales price of the instant fishing vessel, fishery right, etc. at KRW 132,00,000 with respect to the Plaintiff’s trade vessel, fishery right, etc.; however, the down payment of KRW 20,000,000 until September 27, 2010, the intermediate payment of KRW 50,000 shall be paid until November 10, 201, and the remainder of KRW 62,00,00 shall be paid until February 10, 201, and the instant fishing vessel shall be delivered on September 29, 201 (hereinafter “instant sales contract”). The Defendant participated in the sales contract with the Defendant and the Plaintiff did not participate in the said contract.
On October 21, 2010, the Plaintiff and the Defendant completed the procedure for registration of transfer of ownership with respect to one-half shares of each of the instant fishing vessels.
The Plaintiff, at the financial account in the name of Nonparty C or C, transferred to the Defendant, on July 2, 2010, KRW 10 million, and KRW 15 million on September 27, 2010, KRW 30 million on October 11, 2010, KRW 4 million on October 28, 2010, KRW 19 million on the aggregate of KRW 50 million on November 4, 2010, respectively, from the financial account in the name of Nonparty G, the Defendant’s children.
Around November 8, 2010, the Defendant borrowed KRW 23,000,00 from Korea Forest Fisheries Cooperatives (hereinafter “Korea Forestry Cooperatives”) with respect to the instant fishing vessel, and completed the registration of the establishment of a neighboring mortgage of KRW 29,90,000 with respect to the instant fishing vessel by obtaining a loan from the creditor Han Forestry Cooperatives (hereinafter “Korea Forestry Cooperatives”) around November 8, 201.
As above, the Defendant remitted to the Plaintiff KRW 11,500,000 equivalent to half of the loans received as above.
On March 8, 2011, the Defendant borrowed KRW 25,000,000 from the Han River Cooperatives, and completed the registration of creation of a mortgage over the instant fishing vessel, the creditor Han River Cooperatives, the debtor, and the maximum debt amount of KRW 32,50,000.
On March 21, 2011, the Defendant deemed as follows KRW 20,000 out of KRW 23,000,000 loaned as above.