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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 7, 2015 to September 30, 2015.
Reasons
1. The fact that the plaintiff lent KRW 10,000,000 to the defendant around April 9, 2009, which judged the claim of the principal lawsuit, does not conflict between the parties, or that the statement in the evidence Nos. 1 and 2, including the whole purport of the pleadings, may be acknowledged.
According to the above facts, the defendant is obligated to pay to the plaintiff 10,000,000 won per annum from July 7, 2015 to September 30, 2015; the statutory interest rate of Article 3(1) main sentence of Article 3(2) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 2(2) of the Addenda thereof; the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015; and until October 1, 2915; and damages for delay calculated at the rate of 15% per annum from the next day to the day of complete payment.
2. Judgment on a counterclaim
(a) The following facts may be found either in dispute between the parties or in accordance with Gap evidence of 3 to 10, and Eul evidence of 1 to 5 (including branch numbers), and in witness D's testimony, together with the whole purport of the pleadings:
1) The Plaintiff and the Defendant established a juristic person around March 18, 2008, and established a land (hereinafter “instant real estate”) outside 6 lots E in Gyeong-dong, Chungcheongnam-gun, Gyeongnam-gun, and Gyeongnam-gun.
(1) the business that newly constructs and operates a waste plant (hereinafter referred to as “instant business”)
(B) A partnership agreement (hereinafter referred to as the “instant partnership agreement”) with the content that the partnership agreement provides that the share in the new factory management shall be the proportion of Plaintiff 34% and Defendant 66%.
(2) The Plaintiff and the Defendant established the F Co., Ltd. (hereinafter “F”) according to the instant trade agreement, and purchased the instant real estate in the price of KRW 638960,000 with most of the Plaintiff’s financial burden, and completed the registration of ownership transfer in the name of F on April 7, 2008.