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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 67,404.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff stated face value 85,00,000, the payee, the date of issuance on June 17, 2013, and the date of issuance on August 5, 2013, and the date of issuance on August 5, 2013, and Sung-nam City, Sung-nam, the issuer’s address, respectively. The name column is blank and one promissory note with the Defendant’s seal impression affixed thereon (hereinafter “instant promissory note”) and the Defendant’s seal impression issued on June 14, 2013, with the Defendant’s seal impression affixed by the Defendant’s seal impression affixed thereon, and the Defendant’s seal impression affixed by the Defendant’s seal impression affixed thereon.
B. The Plaintiff and the Defendant had been engaged in monetary transactions from around 2009. However, the Defendant filed a criminal complaint against the Plaintiff on February 3, 2014 with respect to the said monetary transaction. In the said criminal case, the Plaintiff lent KRW 20 million to the Plaintiff on November 13, 2009, and received interest calculated at the rate of 120% per annum from November 2010, the interest rate was modified, and it violated the maximum interest rate of KRW 52,22 million, including additional loans from around December 25, 201 to KRW 32,22 million.
‘A summary order of KRW 1 million was issued on July 28, 2014 due to criminal facts by Suwon District Court Decision 2014 High Court Branch Decision 5175, which became final and conclusive as it was, due to the Plaintiff’s failure to request formal trial.
C. On July 5, 2014, the Plaintiff filed the instant principal lawsuit seeking the payment of the Promissory Notes.
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap’s 1 through 3, each entry of Eul’s 3 through 5, the purport of whole pleadings
2. Summary of the parties' arguments
A. The plaintiff's assertion asserts that the plaintiff sought payment of KRW 85,000,000 of the Promissory Notes and damages for delay against the defendant as the principal lawsuit of this case for the following reasons, and that the defendant's claim for return of unjust enrichment as a counterclaim is groundless.
1. The Plaintiff loaned money to the Defendant from 2009 and transferred the bank account.