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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 50,000,000 against the Defendant (Counterclaim Plaintiff) and its related thereto, the Plaintiff (Counterclaim Defendant) from July 20, 2012 to November 28, 2013.
Reasons
1. Judgment on the plaintiff's main claim
A. (1) The Plaintiff’s assertion (1) is that the amount that the Plaintiff transferred to Defendant B from January 2001 to August 2012 is KRW 338,887,370, and the amount that Defendant B remitted to the Plaintiff is KRW 118,276,00.
However, the Plaintiff borrowed KRW 35 million from Defendant B in early 2001, and repaid all of the above debt around September 2001. The Plaintiff borrowed KRW 40 million from a national bank as collateral and paid interest on KRW 40 million to Defendant B.
On the other hand, Defendant B lent 20 million won to a national bank in the name of the Plaintiff, and due to complex transactions with the Plaintiff and Defendant B, the Plaintiff paid additional 280,611,370 won (338,87,370 won - 118,276,000 won - 60,000 national bank loans - 60,000 won from the Defendant B, which he borrowed from the Plaintiff’s name.
Therefore, the Plaintiff sought payment of KRW 220,611,370 among the 300,611,370, the unjust enrichment of Defendant B from Defendant B, and the delay damages therefrom. Defendant B transferred the ownership of each real estate listed in the separate sheet to Defendant C after the disguised divorce on July 7, 2010 with Defendant C in order to avoid the Plaintiff’s obligation to the Plaintiff. As such, the Plaintiff revoked the property division contract concluded between Defendant B and Defendant C based on the obligee’s right of revocation, and sought restitution to Defendant C.
(2) The Plaintiff asserted in Defendant B borrowed KRW 120 million from the Defendant B, and loaned KRW 60 million from the National Bank as collateral the real estate owned by the Defendant B, and paid to Defendant B the amount of KRW 1050,000 to KRW 13 million each month from around 2001 to around 201.
Therefore, the amount paid by the Plaintiff is the amount corresponding to the interest, and it is simply from the total amount of remittance based on the details of the passbook as claimed by the Plaintiff.