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1. Defendant (Counterclaim Plaintiff) B, which exceeds the money cited below among the part concerning the principal lawsuit in the judgment of the first instance.
Reasons
1. Basic facts
A. On November 2001, the Plaintiff agreed to lend KRW 300,000,000 to the Defendants, who are the Chokdong Division, without fixing the due date (hereinafter “instant loan agreement”). Accordingly, on November 19, 2001, the Plaintiff lent KRW 300,000 to the Defendants.
B. Defendant B, who operated Defendant B’s bath, etc., was awarded a successful bid on November 20, 201 with the money borrowed from the Plaintiff as financial resources and completed the registration of ownership transfer, and thereafter, Defendant B operated bath, etc. in the instant real estate from around that time.
C. Around May 2002, Defendant B agreed to repair bathing rooms on the first and second floors of the instant real estate and remodel the third floor of the said building into a healthcare room. If the Plaintiff invested expenses, etc. for the repair of the said building between the Plaintiff and the Plaintiff, Defendant B would operate bathing rooms and have the profits accrued therefrom divided by the Plaintiff and the Defendant B (hereinafter “instant investment agreement”).
(2) In accordance with the instant investment agreement, the Plaintiff invested KRW 249,113,00 with respect to the instant real estate from May 23, 2002 to April 17, 2003 as expenses for the installation of bath bath, etc., and Defendant B subrogated KRW 26,00,000 borrowed from D around December 31, 203.
3) After converting the 3rd floor of the instant real estate into a health room, the Plaintiff would operate the health room and pay the car to Defendant B. Accordingly, the Plaintiff operated the health room from October 2002 to October 2004. 4) after Defendant B operated the health room as well as the bath in the instant real estate. From October 2009 to March 2013, the Plaintiff received the operating license from Defendant B, and had the Plaintiff operate the bath and the health room from October 2009 to March 201.
Defendant B sold the instant real estate to F on November 10, 2012 under the agreement with the Plaintiff.