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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 31,00,000 as well as the full payment from May 27, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination as to the main claim
(a) Facts of recognition;
A. On May 23, 2015, the Plaintiff and the Defendant jointly obtained the establishment registration of a neighboring mortgage amount of KRW 150,000,000 on the Nam-gu Busan Metropolitan Government D major 271,100 square meters, which is owned by C. The investment ratio related thereto is 22% of the Plaintiff and the Defendant is 78% of the Defendant.
B. C, on December 17, 2014, sold the pertinent land to E, requested the Defendant to cancel the registration of the establishment of the said neighboring land.
C. On December 24, 2014, the Plaintiff agreed to obtain KRW 31,00,000 equivalent to its investment ratio from the Defendant when the Defendant received the full amount of the secured debt, including the Plaintiff’s share, from C, and agreed to cancel the registration of the establishment of the neighboring mortgage.
The defendant paid KRW 148,570,000, which is the full amount of secured debt, from C on the date of cancellation, but did not pay the plaintiff KRW 31,00,000 until now.
[Ground of recognition] Unsatisfy, Gap 2, 3, 4, 12 evidence, and the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment of KRW 31,00,000 and damages for delay calculated at the rate of 15% per annum from May 27, 2015 to the day of complete payment, as the Plaintiff seeks.
(The part of the claim for damages for delay exceeding the above ratio is without merit). 2. Determination as to the counterclaim
A. The plaintiff alleged by the defendant bears the obligation to pay unjust enrichment or damages to the defendant on the grounds of the case Nos. 1 through 5 as follows.
Specifically, the amount arising from Nos. 1 and 2 52.8 million won [the sum = 118.8 million won - 66 million won (the Plaintiff remitted to the Defendant on August 31, 2012, KRW 56.6 million, which was remitted by the Plaintiff on September 3, 2012, KRW 10 million, and the sum thereof (hereinafter referred to as “amount of remittance of this case”).
(2) .2.