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1. The Plaintiff (Counterclaim Defendant) paid KRW 233,431,181 to the Defendant (Counterclaim Plaintiff) and its related amount from July 25, 2014 to October 24, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments stated in Gap evidence Nos. 24, 25, 32, and Eul evidence Nos. 10, 12, 13, 23, and 32 (including branch numbers; hereinafter the same shall apply):
From April 206 to May 2012, the Plaintiff and the same-sexed Defendant (C) lived together with D, who is his/her father, from around April 2006 to May 201, and operated a travel store and operated a community without individual distinction as to economic life. The Plaintiff and the Defendant had a money transaction by account transfer between February 11, 2003 and October 11, 2012. On December 30, 2009, the Defendant prepared and issued a notarial deed stating that the Defendant’s property will be bequeathed to D, who is his/her father.
B. Meanwhile, from March 29, 196, the Plaintiff operated the clothing store (hereinafter “F”) with the trade name “F” in the Gu, Si, Si, Si, and the Plaintiff entered into a contract for the transfer of the business site of G stores in E with the Defendant on June 28, 2006, and operated the said store by using the H Bank account (I) and J Bank account in the name of the Defendant on July 1, 2006, after registering the business operator of the said store in the name of the Defendant.
2. The parties' assertion
A. The Plaintiff’s assertion was made with the Defendant by means of account transfer, etc. from February 11, 2003 to October 11, 2012. The amount that the Plaintiff transferred to the Defendant was KRW 930,168,90. The amount that the Plaintiff loaned to the Defendant was totaled KRW 364,482,160, and the amount that the Defendant lent to the Plaintiff was totaled KRW 364,482,160. The amount that the Defendant loaned to the Plaintiff was KRW 565,686,749 (= KRW 930,168,909 - KRW 364,482,160) remaining after the deduction or offset of each of the above loans was paid to the Plaintiff by the Defendant. Thus, the Defendant is obligated to pay the Plaintiff the above amount of KRW 565,686,749 and delay damages.