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1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 3,600.
Reasons
1. Basic facts common to the counterclaim of the principal lawsuit;
A. The Plaintiff and the Defendant’s money transaction and the preparation of the authentic deed of promissory notes in this case 1) are those who engaged in credit business that lend money to the merchants, etc. in the South-west market. The Plaintiff is the merchants engaged in funeral services in the South-west market. On October 7, 2013, the Defendant agreed to pay the Plaintiff KRW 3.6 million each day by dividing the interest of KRW 3.6 million by 72 days. On the same day, on the same day, the Plaintiff issued promissory notes (hereinafter “instant promissory notes”) to the Defendant in order to secure the above loan obligation, and made an authentic deed (hereinafter “notarial deed of this case”) related thereto.
3) After November 201, 2014, the Defendant additionally lent approximately KRW 93 million to the Plaintiff by November 1, 201, and the Plaintiff has been engaged in monetary transactions from October 8, 2013 to pay a certain amount of money daily to the Defendant or by additionally borrowing money from the Defendant. (B) The Plaintiff agreed to settle the claims and obligations arising from monetary transactions between the Plaintiff and the Defendant around December 26, 2014 as follows.
In other words, the Plaintiff settled and repaid the amount of debt to the Defendant at KRW 40 million, but the Defendant agreed to pay the Plaintiff’s debt to KRW 19.35 million out of the amount of settlement that the Plaintiff pays to the Plaintiff at KRW 40 million,000,000,000,000 to be paid by the Plaintiff on behalf of the Plaintiff, and the Plaintiff again agreed to pay KRW 20,000,000 per day from April 1, 2015.
(hereinafter referred to as "the instant settlement agreement". Under the instant settlement agreement 2, the Plaintiff repaid 40 million won to the Defendant on December 26, 2014, and around that time, the Defendant subrogated for 8 creditors of the Plaintiff about KRW 19,350,000 to the Plaintiff's debt.
(c) against the Plaintiff.