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1. The Defendant (Counterclaim Plaintiff) receives KRW 27,619,060 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff operated C Co., Ltd. (hereinafter “Seren Company”) (hereinafter “Seren Company”), a rental car company, and transferred the management right of the Nonparty Company to E around June 2014.
B. The Plaintiff entered into an entrustment management agreement with the non-party company to continuously operate the said vehicles and to bear various expenses, such as installment payments and insurance premium, while continuing to operate the said vehicles.
In addition, on June 23, 2015, the Plaintiff purchased the instant motor vehicle and completed the registration under the name of the Defendant F, and entered into an entrustment management contract with the Defendant for the instant motor vehicle.
C. On June 12, 2015, the Plaintiff borrowed KRW 159,00,000 from G as the introduction of Defendant representative director F for the payment of automobiles in the name of Nonparty Company and of installment payments, taxes, etc. on the instant automobiles. With respect to the said borrowed money, the Plaintiff prepared a notarial deed of a monetary loan agreement between F and F on June 16, 2015, which is the creditor F, the debtor, the Plaintiff, the amount of KRW 159,00,000, interest rate of KRW 12% per annum. Since the Plaintiff did not repay its debt, the Nonparty Company, at its request, prepared, as the principal debtor, and as the joint guarantor, a notarial deed of a debt repayment agreement with the Plaintiff on August 11, 2016.
After that, there was a dispute between the plaintiff and the defendant due to delay in the payment of installments, etc. about sirens including the instant vehicle, and the defendant paid it on behalf of the defendant, and the defendant requested the head of Gangnam-gu Seoul Metropolitan Government Office to suspend the operation of the instant vehicle and registered the order to stop the operation of the instant vehicle on September 26, 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 13, and all pleadings.