Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 10 million to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from September 1, 2017 to January 21, 2020.
Reasons
1. Of the principal claim, there is no dispute between the parties that the Defendant borrowed KRW 10 million from the Plaintiff on June 26, 2015, and thus, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 10 million and the damages for delay.
In this regard, the defendant asserts that the claim for damages against the plaintiff amounting to 49,064,139 and the claim for loans against the plaintiff against the defendant set off on an equal amount.
However, as seen in the determination of the following counterclaims, the above claim against the plaintiff by the defendant is nonexistent, and the defendant's assertion is not acceptable.
2. Determination on the remaining principal claim and counterclaim claim
A. A. Around May 26, 2015, the Plaintiff and the Defendant entered into an agreement with the Plaintiff that the Defendant would have 2 maritha, each of which was born to the Plaintiff for the 1ma of the cattle that was raised by being entrusted with the Plaintiff and that the Defendant would have 2 maritha, each of which was raised as remuneration (hereinafter “instant agreement”).
Pursuant to the instant agreement, the Defendant raised the Plaintiff from the Plaintiff on May 26, 2015, after being transferred the 3ma of the cancer around July 6, 2015, and the 2ma of the cancer around July 6, 2015.
Around April 30, 2017, the Defendant received and disposed of KRW 300,000 from the developer without the Plaintiff’s consent, and transferred the price of KRW 300,000 to the deposit account in the name of the Plaintiff around May 16, 2017.
On June 23, 2017, the Plaintiff sent to the Defendant a content-certified mail demanding the return of the remainder 4 miles on the grounds that the Defendant disposed of the lawsuit without the Plaintiff’s consent. At that time, the content-certified mail reached the Defendant.
Around August 12, 2017, the Defendant returned 4 horses entrusted to the Plaintiff. Around that time, the Defendant obtained five marins from the cattle raised after being entrusted to the Plaintiff. Of them, the Defendant’s death was discarded to the Defendant’s neglect of management.
[Reasons for Recognition] There is no dispute.