beta
Text
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
1. Basic facts
A. On July 2006, the Plaintiff and the Defendant entered into a joint business agreement with the Plaintiff and the Defendant, a joint investment in the same proportion, to purchase the real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “instant real estate”) and to divide the remaining profits by selling the building on the ground and then selling the building on the ground (hereinafter “instant joint business agreement”).
B. On July 24, 2006, the Plaintiff remitted KRW 210,000,000 as the purchase price of the instant real estate to the Defendant’s account under the name of the Defendant. The Defendant borrowed KRW 200,000,000 as security the instant real estate (the maximum bond amount of KRW 260,000,000, the debtor, the Defendant, and the mortgagee-mortgaged Agricultural Cooperative) and the Defendant purchased the instant real estate, and paid KRW 379,00,000 out of the said money as the purchase price of the instant real estate. On July 24, 2006, the Plaintiff and the Defendant completed the registration of ownership transfer under the name of the Plaintiff as to the instant real estate.
3) On November 29, 2006, the Plaintiff transferred KRW 100,000,000 to the Defendant’s account upon the Defendant’s request that the construction cost is needed for the development of the instant real estate. (4) On April 23, 2008, the Plaintiff and the Defendant, after additionally establishing a right to collateral security with respect to the instant real estate, received a loan of KRW 650,000 (the maximum bond amount of KRW 590,000,000,000 from among them to the Defendant (the debtor, the Defendant, and the Defendant-mortgage-based agricultural cooperative) and paid KRW 200,000,000 under the name of the Defendant, immediately repaid the loan as of July 24, 2006, and paid for the remainder of the loan amount of KRW 450,000,000 (hereinafter “the instant loan”).
C. On April 2014, 2014, the Plaintiff demanded that the Defendant pay KRW 450,000,00 that he/she received a loan from the Defendant, but the Defendant did not comply therewith.