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1. On January 25, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 161,092,660 to the Defendant (Counterclaim Plaintiff) and KRW 107,395,00 among them.
Reasons
The main lawsuit and counterclaim are also examined.
1. Basic facts
A. On June 19, 2015, the Plaintiff entered into a contract on the supply of a hotel (hereinafter “instant supply contract”) with the Defendant to purchase the 178,992,200 won of Pyeongtaek-si and the 13th E hotel (hereinafter “E hotel”) from the Defendant, and the F of the instant hotel was to purchase the 178,992,200 won (including value-added tax).
At the time of the instant supply contract, the Plaintiff paid KRW 17,89,20 to the first intermediate payment (loan 10%) 17,89,220 on the designated date, KRW 17,89,220 on September 10, 2015, KRW 17,89,220 on the third intermediate payment (loan 10%) 17,89,20 on the third intermediate payment (Loan 10%) 10, February 10, 2016, KRW 17,89,220 on the fourth intermediate payment (Loan 10%) 17,89,220 on May 10, 2016, KRW 5 intermediate payment (Loan 10%) 17,89,220 on the designated date (Loan 10%) 10,89,20 on August 10, 2016, KRW 106 (Loan 10,106,207) on the remaining deposit account (hereinafter “The Account”).
The Plaintiff paid 17,899,220 won to the Defendant on the date of conclusion of the instant supply contract.
B. The instant supply contract includes the same details as the attached Form.
C. On August 18, 2015, the Defendant entered into an agreement on loan business with I (hereinafter “I”) and J (hereinafter “J”) on the loan interest rate of eight percent per annum, with the guarantee of the total amount of intermediate payment loan (45,00,000,000 won) by the Defendant and J as part of an intermediate payment loan to deposit the interest of the intermediate payment during the loan period.
In this part-time loan business agreement, the defendant and J are jointly and severally guaranteed for the obligation to repay the principal and interest of part-time loan to I by the seller, and the defendant intends to transfer ownership in the future by 15 days.