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1. The Plaintiff (Counterclaim Defendant)’s heading D, E, F, G, H, I, and I against the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The parties' assertion
A. On August 12, 2005, the Plaintiff had completed the registration of ownership transfer under the name of the Defendant for the management of each apartment of this case, each of which was newly constructed by N, a corporation operating the Plaintiff’s assertion (which caused the Plaintiff’s claim) and completed registration of ownership preservation.
Since then, the plaintiff settled the expenses that the defendant paid to the defendant with respect to each apartment of this case. On April 19, 201, the defendant loaned 10,000,000 won to the plaintiff and lent 19,000,000 won to the plaintiff on May 4, 2011 (hereinafter "PFF loan"), and the credit card payments under the name of the defendant are fully repaid to the plaintiff, and the defendant presented the settlement statement (Evidence 5) and claimed payment of the settlement amount of the settlement amount of KRW 46,818,00 to the plaintiff.
Therefore, there is no obligation to pay the settlement money related to each apartment of this case claimed by the defendant.
B. As examined below, the defendant's assertion (citing a counterclaim) is as follows: ① Claim for indemnity arising from subrogated payment of KRW 31,036,400 for the plaintiff's obligation; ② Claim 34,000,000 for each loan lent to the plaintiff; ③ Claim 19,00,000 for each loan lent to the plaintiff; ③ Claim 5,635,000 for a P safe loan and interest claim calculated at the rate of KRW 6.9% per annum from June 6, 2011 to February 2, 2018; ④ Claim 71,062,90 for the total amount of claim for indemnity accrued by the defendant paid KRW 391,50 for the plaintiff on behalf of the plaintiff (= ②).
However, the Defendant received a total of KRW 60,727,00,00 from April 25, 2003 to February 5, 2016, as indicated in the “A statement of particulars of repayment that the Defendant recognized that the Defendant received reimbursement” from the Plaintiff, and accordingly, the Plaintiff was entitled to KRW 10,335,90 (==71,062,900 - 60,727,000) and the Plaintiff’s application for modification of the purport and cause of the instant claim against the Defendant.