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1. The Defendant (Counterclaim Plaintiff) C is the Plaintiff (Counterclaim Defendant)’s KRW 38,901,909 and its money, whichever is less:
(a) 33,401,909 won;
Reasons
1. Basic facts
A. On January 11, 2013, the relevant Plaintiff between the parties: (a) purchased real estate listed in the separate sheet No. 1 (hereinafter “B101”) and completed the registration of ownership transfer on March 15, 2013; (b) purchased real estate listed in the separate sheet No. 2 (hereinafter “B102”) and completed the sale on January 11, 2013; and (c) completed the registration of ownership transfer on April 2, 2013; (d) the owners listed in B101 and B102; and (e) the Defendants, who were aware of the Plaintiff and the Defendants’ children’s advice from the Plaintiff and the Defendants’ non-party 1 and the Defendant’s non-party 2 (hereinafter “B102 certified tax accountant office”); and (e) the Plaintiff and the Defendants’ non-party 1 and the Defendant’s non-party 2, who were employed by the Plaintiff and the Defendant’s non-party 1, who were employed by the Plaintiff.
B. Around November 2012, the Plaintiff and the Defendant C entered into a loan for use and a lease agreement (1). Around November 201, 2012, the Plaintiff requested G to provide advice, and was recommended through G to purchase D officetels of the size of the fourth underground floor and the 15th ground level, which are newly sold from Defendant B through G.
(2) Since then, the Plaintiff intended to purchase Nos. 2101, B102 and B103 with a total of KRW 1.3 billion, and as at the time, it was anticipated that the lease No. 2101 would not take place in light of the current circumstances, G would offer a proposal to grant a loan for use of No. 2101 to G, and G refused the proposal and recommended the Defendants to view it as being.
(3) In light of the foregoing circumstances, the Plaintiff, around January 8, 2013, on the condition that Defendant C bears the expenses incurred in using the subject matter for one year from April 2013 to April 1, 2013, the Plaintiff is under a loan agreement for use, provided that Defendant C bears the expenses incurred in using the subject matter.