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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
Reasons
1. The Plaintiff asserts that, around 2010, the Defendant and the Defendant agreed that “if the Plaintiff invests in the Defendant’s management C, it shall receive KRW 2.5 million as monthly income, and when the agreement is terminated, it shall settle the principal and profit and receive return thereof (hereinafter “instant agreement”). The Plaintiff invested KRW 15 million in total to the Defendant, and received monthly income by April 25, 2012. As the instant agreement was terminated on May 2012 because it was not paid a profit, the Defendant is obligated to pay the Plaintiff an investment amount of KRW 15 million and KRW 2 million on May 2012.
In full view of the purport of the entire arguments in Gap evidence Nos. 1 and 3, the plaintiff's account in the name of the defendant D, which is KRW 8 million on May 10, 2010, and the same year.
5. 11. 7 million won may be recognized as having been paid.
However, the evidence submitted by the plaintiff and the testimony of witness E are insufficient to recognize the agreement of this case, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.
2. The Defendant asserts that upon the Plaintiff’s request, the Plaintiff is liable to pay KRW 70,766,920 and delay damages to the Plaintiff, since it deposited KRW 105,487,60 in the Plaintiff’s passbook from around 2009 to around 2012, and used the Plaintiff with money returned as a result of the Defendant’s business needs. On February 28, 2012, the Plaintiff received KRW 34,660,680 from the Plaintiff and did not refund KRW 70,766,920 from February 28, 2012.
However, the evidence submitted by the defendant and witness F alone are insufficient to recognize that the defendant's testimony is the custody money agreed to be returned later to the plaintiff's passbook, and there is no other evidence to acknowledge this otherwise, the defendant's assertion is without merit.
3. In conclusion, the Plaintiff’s principal lawsuit and the Defendant’s counterclaim are all without merit.