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1. The Defendant (Counterclaim Plaintiff) pays KRW 250,000,000 to the Plaintiff (Counterclaim Defendant).
2. The remainder of the plaintiff (Counterclaim defendant).
Reasons
1. The principal claim and counterclaim shall be taken into account in total;
A. The Plaintiff entered into a loan for consumption and a contract to establish a right to lease on a deposit basis between the Plaintiff and Nonparty C (1) on March 10, 2016, the date of lease is indicated as March 21, 2016, but the said date is specified as March 21, 2016. However, the Plaintiff’s assertion is recognized as follows.
The amount of KRW 250,00,000 was determined and lent to Nonparty C at 24% per annum and on March 21, 2018.
(A) On March 10, 2016, the Plaintiff entered into a lease contract for lease on a deposit basis (hereinafter “instant lease on a deposit basis”) between Nonparty C and Nonparty C for the purpose of securing the said loan claim, and on March 21, 2016, the Plaintiff entered into a lease contract for lease on a deposit basis for approximately 250,000,000 won, and from March 21, 2016 to March 20, 2018 (hereinafter “instant lease contract”). On March 21, 2016, the Plaintiff entered into a lease contract for lease on a deposit basis with respect to the land listed in paragraph (1) of the attached list owned by Nonparty C and part of the building listed in paragraph (2) of the attached list attached hereto (hereinafter “instant lease on a deposit basis”).
(A) On March 20, 2016, Nonparty C prepared a lease agreement (No. 3) between Nonparty C and Nonparty D with the content that the part of the establishment of the instant chonsegwon was leased from April 12, 2016 to April 11, 2018, with the deposit amount of KRW 250,000,000, and the lease term of the lease from April 12, 2016 to April 11, 2018. Nonparty D only lent its name for the convenience store business of Nonparty C. In fact, Nonparty C began operating convenience store from April 29, 2016 to the part of the establishment of the instant chonsegwon.
(A) Evidence No. 5, B No. 1.b.
On December 9, 2017, the Defendant concluded a sales contract to purchase each of the instant real estate from Nonparty C with KRW 1,550,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on February 8, 2018.
(A) Nos. 2 and 3.2) The sales contract of this case shall be executed.