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1. The Defendant (Counterclaim Plaintiff) paid KRW 135,326,726 to the Plaintiff (Counterclaim Defendant) and its amount from April 9, 201 to March 31, 2015.
Reasons
1. Requests for the return of loans during the principal lawsuit;
A. The plaintiff 1) lent a total of KRW 240 million to the defendant from May 29, 2003 to May 21, 2004. As to the above, the plaintiff lent a promissory note Notarial Deed from the defendant on December 9, 2005 (hereinafter referred to as the "notarial deed of this case").
The amount of face value was determined as KRW 230,000,000. At that time, the due date was determined as March 10, 2006. After that, the Defendant was paid KRW 153,086,972 on April 8, 2011 as the Defendant transferred to the Plaintiff the claim held against Hyundai Amateur M&D Co., Ltd., and the remainder was not repaid. The interest on the loan as of April 8, 201 is KRW 300,953,424 ( principal KRW 240,000,000 and KRW 60,953,424,424) calculated annually from March 11, 2006 to April 8, 201, the Defendant was obligated to pay KRW 153,086,972,976,9776,476,200,000 and KRW 300,000,000.
In addition to the amount repaid by the above assignment of claims, the Plaintiff transferred the claim of KRW 86 million to C, D, etc. on December 9, 2005, and the Defendant repaid to the assignee.
(2) The Defendant paid all loans to the Plaintiff. The Defendant’s assertion that the Plaintiff suffered damages from KRW 5,641,643 on its responsibility seems to have been withdrawn.
B. Determination 1) The fact that the Plaintiff remitted a total of KRW 240 million to the Defendant is not disputed, or that the Plaintiff or the Defendant was aware of the amount in writing the instant notarial deed No. 5-5 is recognized. However, it is difficult to believe that the Plaintiff or the Defendant was aware of the amount in writing the instant notarial deed, and it is reasonable to regard the amount of the existing loan as KRW 230,000,000,000,000,000,000,000,000,000,000,000,000,0
(2) The defendant's additional reimbursement is made.