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1. The Defendant (Counterclaim Plaintiff) paid KRW 124,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from November 3, 2019 to July 15, 2020.
Reasons
1. Determination on the main claim
A. The Plaintiff, as recognized, lent money to the Defendant as follows.
The amount on the lending date (won) 1 March 26, 201, 200, 2000, 5,000,000 on April 10, 2017, total of 124,00,000 [the fact that there is no dispute: the fact that there is no dispute, the entry of evidence Nos. 2 and 3 (including each number; hereinafter the same shall apply), and the purport of all pleadings] of April 12, 2017
B. On March 16, 2017, the Plaintiff asserts that the Plaintiff additionally lent KRW 200,000 to the Defendant on March 16, 2017, and KRW 6,000,000 on March 25, 2017, the Defendant received KRW 200,000 from the Plaintiff on March 16, 2017, but it was an ambiguous relief, and it was not received as KRW 6,00,00 on March 25, 2017.
According to the aforementioned evidence, even though the Plaintiff was deemed to have remitted KRW 200,000 to the Defendant on March 16, 2017, the above evidence alone is insufficient to acknowledge the fact that the Plaintiff paid KRW 200,000 to the Defendant on March 25, 2017, and that the Plaintiff paid KRW 6,000,000 to the Defendant on March 25, 2017. The Plaintiff’s assertion on this part is without merit.
C. Therefore, the defendant is obligated to refund the sum of KRW 124,00,000,00, which is recognized as above to the plaintiff. The plaintiff also claims damages for delay from the day following the delivery of a copy of the complaint, but it appears that there is no agreement between the plaintiff and the defendant as to the time of the repayment of the above loan. Since the plaintiff notified the return of the above loan with the service of the complaint in this case, the defendant's delayed liability for the loan in this case is due to the lapse of a considerable period from the highest date pursuant to Article 603 (2) of the Civil Act, and the amount of the loan in this case is reasonable.
Therefore, according to the theory of lawsuit, the defendant's KRW 124,00,000 and two months from the date of delivery of a copy of the complaint of this case to the plaintiff.