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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) C are dismissed.
2. The costs of lawsuit;
Reasons
1. The plaintiff is a person engaged in the manufacturing of steel structure for industrial machinery with the trade name of "E" in Kimpo-si, Kimpo-si, and defendant B is a person engaged in the sales business of scrap iron with the trade name of "G" from Kim Jong-si, and defendant C is a wife in defendant B and is registered as a business operator in the above G's name.
[Ground of recognition] Facts without dispute and purport of whole pleading
2. On February 16, 201, the Plaintiff asserts that the Defendants seek payment against the Defendants, even though he/she lent KRW 30,000,000 to Defendant C on February 16, 201.
According to the statement of evidence No. 1, the fact that the plaintiff's account was remitted from February 16, 201 to the defendant C's account from February 16, 201, can be acknowledged. However, the fact that the above fact alone is insufficient to recognize that the plaintiff and the defendants entered into a monetary loan contract with respect to the said money, and there is no other evidence to acknowledge it, the above assertion cannot be accepted.
3. Defendant C asserts that: (a) during the period from October 6, 2010 to March 5, 2012, Defendant C loaned KRW 33,760,000 to the Plaintiff via its corporate bank account; and (b) during the period from February 8, 2011 to March 15, 2012, the Plaintiff still failed to repay KRW 53,760,000 to the Plaintiff via its national bank account; (c) even though the Plaintiff had been awarded several proposals from the Plaintiff after being awarded a contract with the Plaintiff on January 2010, the Plaintiff failed to repay KRW 36,282,177 to the labor cost and labor cost; and (d) thus, the Plaintiff sought reimbursement of KRW 90,042,177 in total, including the loans and the construction cost.
First of all, according to the evidence evidence Nos. 1 and 2 as to the loan argument, the fact that a total of KRW 53,760,000 has been transferred from the defendant C's account to the plaintiff's account is recognized over about 17 times since October 6, 2010, but the above evidence and arguments are all together.