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1. On September 17, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 20,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
1. The Plaintiff: (a) lent to the Defendant a total of KRW 3.5 million around March 2007; (b) KRW 10 million around September 25, 2009; and (c) KRW 15.5 million around October 2013; (c) provided that only KRW 7 million was paid by the Defendant around March 2013; and (d) claimed payment of the remainder of the loans and damages for delay against the Defendant.
However, the evidence presented by the Plaintiff alone is insufficient to recognize the Plaintiff’s assertion, and there is no other evidence to acknowledge it, so the Plaintiff’s claim on the principal lawsuit is without merit.
2. The Defendant asserts that the Plaintiff lent KRW 27 million to the Plaintiff on September 27, 2006, and KRW 7 million on December 2009. The Defendant claimed against the Plaintiff for the payment of the total amount of the above loans worth KRW 27 million and delay damages.
According to Eul evidence No. 1, the fact that the plaintiff borrowed 20 million won from the defendant on September 27, 2006 is recognized.
However, the evidence submitted by the defendant alone is insufficient to recognize that the defendant lent 7 million won to the plaintiff around December 2009, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at each rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, which is the day following September 17, 2014, which is the day on which the Plaintiff served a duplicate of the instant counterclaim on the Defendant, to the extent that it is reasonable to resist the existence and the scope of the Plaintiff’s obligation to perform.
3. The plaintiff's main claim is dismissed as without merit, and the defendant's counterclaim is accepted within the scope of the above recognition, and the remainder of the counterclaim is dismissed as it is without merit.