beta
Text
1. Of the judgment of the court of first instance, the following amount among the part concerning the principal lawsuit of the plaintiff (Counterclaim defendant) shall be ordered.
Reasons
1. Determination on the main claim
A. Basic facts (1) around July 30, 2007, the Defendant borrowed KRW 40,000,000 from G as interest rate of KRW 1% per month. As a security, the Defendant completed the registration of creation of a mortgage with the maximum debt amount of KRW 40,00,000 on the F site and its ground building in the name of D.
(2) Around December 2007, the defendant, as the representative director of the plaintiff, used the above KRW 40,000,000 to G as the plaintiff's operating fund instead of paying the above KRW 40,000 to G. G approved this.
(B) On January 9, 2008, the Defendant deposited KRW 25,000,000 in the account under the Plaintiff’s name.
(3) On March 4, 2008, the Defendant, as the representative director of the Plaintiff, borrowed KRW 20,000,000 from G as interest rate of KRW 1% per month (hereinafter “loan 2”).
(4) On July 31, 2013, the Defendant, as the Plaintiff’s representative director, additionally borrowed KRW 10,000,000 from G from July 31, 2013 (hereinafter “loan 3,” and combined with the instant loans 1 and 2, referred to as “each of the instant loans”), did not additionally pay interest, and paid only KRW 60,000 per month interest on each of the instant loans.
(5) The Plaintiff paid to G totaling KRW 52,80,000 as interest on each of the instant loans, and specifically, from May 30, 2008 to April 30, 2009, the Plaintiff paid KRW 2,80,000,000 as interest on each of the instant loans (the interest on KRW 20,000 from March 2008 to April 2009) plus KRW 50,000,000,000, respectively, from May 29 to May 2, 2016 (the interest on each of the instant loans from May 29 to April 2016).
(6) G filed a lawsuit against the Plaintiff to pay KRW 70,00,000 in total amount of each of the instant loans at the Gwangju District Court (2016da525409). The said court recognized that the Plaintiff is the debtor of each of the instant loans and filed G claims.