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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. 106,793,696 won from the Plaintiff (Counterclaim Defendant) and 48,671 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The facts following the facts are without dispute between the parties, or acknowledged in accordance with Gap evidence Nos. 2, 5, 7, Eul evidence No. 1, Eul evidence No. 2-1, Eul evidence No. 3-5, Eul evidence No. 4, Eul evidence No. 5-1 and Eul evidence No. 5-2, and the purport of the whole arguments.
A. On July 19, 2010, the Plaintiff entered into a sales contract with Pyeongtaek-si D, 900 square meters and its ground childcare center building (hereinafter “instant building”) with C to purchase KRW 2.6 billion, and agreed to acquire the above childcare center operation right from C.
B. (1) The Plaintiff borrowed money from the Defendant to raise funds for purchase under the above sales contract by stipulating that “interest rate: 5% per month” and “payment period: one month after the date of borrowing” (hereinafter “the loan”). The Plaintiff borrowed money from the Defendant (hereinafter “the loan”). The details are as follows.
① On September 30, 2010, the Plaintiff received KRW 47.5 million from the loan amount of KRW 50 million after subtracting KRW 2.5 million from the monthly interest at KRW 50 million and KRW 47.5 million from the loan amount of KRW 15 million on October 15, 2010, and paid KRW 9 million after subtracting KRW 500,000 from the monthly interest amount of KRW 10,000,000 from the loan amount of KRW 500,000 (hereinafter “each real estate of this case”) with the Defendant on September 30, 2010, the Plaintiff entered into a mortgage agreement with the Defendant as to each real estate listed in the separate sheet in order to secure the above loan principal and interest obligation (hereinafter “each real estate of this case”). On October 1, 2010, as to each of the real estate of this case, the Suwon District Court received KRW 35809, May 1, 2010, each of the instant contracts was “Defendant 6,” and “Defendant 500,”.
On the other hand, the plaintiff paid additional money on November 13, 2010, after deducting 2.5 million won from the defendant from the defendant on November 13, 2010.