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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 31,506,667.
Reasons
1. Basic facts
A. On December 1, 2009, the Plaintiff and C determined and lent a total of KRW 1 billion to the Defendant, each of KRW 500 million, 3% per interest month, and due date on June 1, 2010.
(hereinafter “Loan” in December 1, 2009). The Defendant received KRW 460 million from the Plaintiff and C, respectively, after deducting KRW 15 million from the Plaintiff and C each of the pre-paid interest, KRW 25 million, and the aggregate of KRW 40 million.
The defendant asserts that the fee deducted by the plaintiff is KRW 50 million, but the following Paragraph 3
A. (1) We cannot accept as seen in subparagraph (b).
On May 26, 2011, the Plaintiff and C determined and lent a total of KRW 1 billion to the Defendant each of KRW 500 million, 3% per interest month, and due date on September 26, 2011.
(hereinafter “Loan”). From May 26, 2011 to May 27, 2011, the Defendant received KRW 485 million from the Plaintiff and C, respectively, after deducting KRW 15 million from each of the preferred interest.
C. Since then, the Defendant repaid each amount indicated in the “amount to be appropriated to the Plaintiff on each day indicated in the “date of appropriation” column for the attached Tables 1 and 2.
(However, with respect to the amount of repayment in dispute between the plaintiff and the defendant, it is judged specifically in paragraph (3) below. [Grounds for recognition] The facts of no dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings.
2. The parties' assertion
A. Plaintiff 1) received the principal and interest of the loan from the Defendant on December 1, 2009. After the Plaintiff was paid the principal and interest of the loan from the Defendant on August 14, 2012, the Plaintiff was paid the amount exceeding KRW 132,070,879, and KRW 50,000 on August 24, 2012. As such, the Plaintiff returned KRW 227,94,105 to the Defendant by adding an annual interest rate of KRW 5% to the interest on each of the above amounts until August 30, 2017. (2) The Plaintiff was paid only part of the loans from the Defendant on May 26, 2011, by adding an annual interest rate of KRW 291,443,470, KRW 50,000, KRW 5716, KRW 5785,075, May 26, 2014.