beta
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The expansion from the trial.
Reasons
1. Determination on the part on the claim for loans and the part on the claim for reimbursement among the counterclaims filed on June 29, 2007
A. The fact that the Defendant borrowed KRW 46,549,301 from the Plaintiff on June 29, 2007 from the Plaintiff on June 29, 2007 is not a dispute between the parties, and barring any special circumstance, the Defendant is liable to pay the Plaintiff KRW 46,549,301 and damages for delay.
Furthermore, the Plaintiff alleged that he lent KRW 47,00,00 to the Defendant exceeding the above KRW 46,549,301, but it is insufficient to recognize the fact of lending exceeding the above recognized amount only by the entries of the evidence Nos. 1 and 2 (including each number, hereinafter the same shall apply). There is no other evidence to acknowledge it.
In addition, there is no assertion or proof that there was an agreement on the repayment period and interest with respect to the above loan, and there is no reason for the part of the claim for delay damages until April 2, 2014, prior to the delivery of the copy of the complaint of this case, stating the Plaintiff’s intent to request the performance
B. The defendant's defense of repayment did not dispute that the plaintiff received KRW 43,00,000 from the defendant on July 31, 2007 and KRW 8,00,000,00 on September 26, 2008. Thus, the defendant is liable to pay only KRW 8,549,301 (= KRW 46,549,301 - KRW 38,000,00) and damages for delay to the plaintiff.
Although the defendant alleged that the plaintiff paid 5,00,000 won, other than KRW 8,00,000,000, which was issued by cashier's checks on September 26, 2008, was paid in cash, the statement of No. 2-2 of the evidence No. 2 is insufficient to recognize it, and there is no other evidence to acknowledge it otherwise.
Meanwhile, the Plaintiff asserted that KRW 38,00,000 received from the Defendant was only a part of KRW 61,191,325 of the amount to be received from the Defendant while engaging in the same business as to ginseng cultivation with the Defendant, and that the said loan claim was not repaid. However, each of the items of evidence Nos. 5 through 8 alone with the Plaintiff and the Defendant.