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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and incidental appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. Appeal and.
Reasons
1. Determination as to the principal lawsuit
A. The Plaintiff asserted that the Plaintiff loaned KRW 20 million to the Defendant on December 11, 2014, KRW 6 million on January 27, 2015, KRW 20 million on March 3, 2015, KRW 15 million on March 3, 2015, and KRW 29.5 million on March 31, 2015. The Plaintiff received only KRW 12 million on April 27, 2015, and KRW 20 million from the Defendant on June 11, 2015.
Therefore, the defendant should pay the remaining loan 17.5 million won and damages for delay to the plaintiff.
B. Although there is no dispute between the parties on December 11, 2014 regarding the Plaintiff’s assertion on the loan of KRW 20 million as of December 11, 2014, the fact that the Plaintiff remitted KRW 20 million to the head of the Tong under the name of the Defendant on December 11, 2014, the evidence submitted by the Plaintiff alone is insufficient to recognize that the said transfer was made under the pretext of the loan, and there is no other evidence to acknowledge it otherwise.
Rather, the Defendant initially entered into a sales contract with C to purchase AD used vehicles for KRW 20 million and paid the above amount to C in full. After that, the Plaintiff agreed to purchase the said vehicles on behalf of the Defendant, but to pay KRW 20 million to the Defendant in lieu of payment for a part of the said vehicles to C, and accordingly, asserted that the Plaintiff only remitted the above amount to the Defendant.
The following circumstances, which can be acknowledged by comprehensively taking into account the results of the fact-finding conducted by the Head of the Changwon Prison in this Court, the results of the fact-finding conducted by the Head of the Changwon Prison in this Court, and the overall purport of arguments, namely, the Plaintiff transferred KRW 10 million to a passbook in the name of Dong-in, Dong-in, Dong-in, Dong-in, and the amount remaining after deducting KRW 20 million paid to the Defendant out of the vehicle price of KRW 30 million, which is the same. The Plaintiff also stated to the purport as the Defendant in the investigation of the Mar. 27, 2015, in the Mar. 27, 2015, the fact that the Plaintiff, the Defendant, and all of the Defendant stated in detail the process of concluding the vehicle sales contract in the investigation process, and C serving in the Changwon Prison.