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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 35,00,000 and its KRW 17,500,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on September 14, 2016.
Reasons
1. Basic facts
A. The Defendant, with the trade name “D” in Seongdong-gu Seoul Metropolitan Government, is a person operating Oba maintenance business establishment. The Plaintiff entrusted the Defendant with Obacon repair several times, and the Defendant lent KRW 15,000,000 to the Defendant, on March 1, 2016, and KRW 20,000,000, respectively, as the operating capital of the above business establishment, around August 23, 2016.
B. The Defendant borrowed KRW 50,000,000 in total (i.e., KRW 15,000,000 in total) and KRW 50,000,000 in total (i.e., KRW 15,000 in loans to E who are the Defendant’s employees (i., KRW 35,000,000 in total) and KRW 15,000 in loans to E who are the Defendant’s employees (i.e., KRW 15,000 in total) from the Plaintiff on September 16, 2016. However, even though the Defendant decided to repay half of the loans on September 13, 2016, it failed to perform this, the Defendant prepared and delivered the loan certificate with interest of KRW 25% in addition to the loan certificate (hereinafter “joint signature”).
C. On October 14, 2016, the Plaintiff sent a content-certified mail demanding the Defendant to repay KRW 50,000,000 to October 20, 2016, and around that time, the said mail sent to the Defendant.
[Ground for Recognition: Facts without dispute, Gap 1 through 3 evidence, each entry of Gap 5 evidence, purport of whole pleadings]
2. The assertion and judgment
A. Each of the plaintiff's arguments (1) The plaintiff's summary of the plaintiff's assertion is asserted as the principal suit of this case by asserting that the defendant is liable to pay 35,000,000 won to the plaintiff with the leased principal and damages for delay pursuant to the loan certificate of this case.
(2) The Defendant’s summary of the Defendant’s assertion was requested several times by the Plaintiff, and the Defendant did not receive KRW 11,575,00,00 in total amount of the subscription amount, even after completion of the tubes work by HONDA and YMAHHA Ora, and did not receive KRW 35,585,000 in total. As such, the Defendant’s claim for the subscription amount of KRW 47,160,000 (= KRW 11,575,000 in total) was not received, the Plaintiff’s claim for the subscription amount of KRW 35,585,00 in total.