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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The principal lawsuit.
Reasons
1. The Defendant maintained a de facto marital relationship with the Plaintiff from October 2004 to 2013 after having divorced with the former wife around July 2004.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. Determination as to the claim on the principal lawsuit
A. 1) According to the overall purport of the statement and pleading as to the cause of the claim No. 1, the Plaintiff may recognize the fact that the Plaintiff lent KRW 50 million to the Defendant on December 31, 2004, and KRW 60 million on March 10, 2005, respectively. Therefore, the Defendant is liable to pay the Plaintiff the borrowed amount of KRW 110 million and interest or delay damages thereon, barring any special circumstance. 2) Meanwhile, the Plaintiff asserts that the Plaintiff paid the interest on the borrowed amount at the rate of KRW 2% per month to the Plaintiff.
Each loan certificate (A No. 1-2) contains a phrase "interest 2", and the seal of the defendant is affixed thereon.
However, in full view of the following circumstances (e.g., facts or decisions) known through the entry of evidence No. 10, witness C’s testimony, and the purport of the entire pleadings, the authenticity of the part of “interest No. 1-2” as stated in the evidence No. 1-1 and No. 2 cannot be recognized.
In addition, there is no evidence to prove that the defendant paid interest at 2% per month.
Therefore, the Plaintiff’s assertion as to interest agreement cannot be accepted. (A) In appearance, the penology of “interest No. 1” as indicated in “No. 2” differs from other parts. In addition, the witness C stated that “No. 1 was written at the time of preparation of the evidence No. 1, and no. 2 was written.” This suggests that “interest No. 2” was written by another person later. (b) In the case where the Plaintiff filed a complaint by the Defendant for suspicion of forging private documents, etc., (i) the Defendant’s seal was written on April 8, 2013 and affixed the Defendant’s seal.