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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff), C.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On June 13, 2013, Nonparty Co., Ltd. (1) entered into a lease agreement (hereinafter “instant lease agreement”) with Nonparty Co., Ltd. setting the lease deposit amount of KRW 50 million on the first floor store 280.98 square meters located in Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, as of June 13, 2013, up to October 31, 2013, with the lease period of KRW 4.7 million per month (excluding additional tax), and the lease period of KRW 4.7 million per month.
(2) On October 31, 2013, the non-party company ordered C to provide a leased store.
B. On August 23, 2013, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) borrowed KRW 202,829,683 from the Plaintiff from the Nonparty Company as a notary public on August 23, 2013, the Plaintiff borrowed KRW 1030 from the Nonparty Company the G Joint Law Office Deed 2013, and repaid the principal in full at the time of the Plaintiff’s demand, and the interest shall be paid at the end of every month from September 2013, setting the amount as 2.5% per month, and was drafted a notarial deed of a monetary loan agreement with the purport that there is no objection even if he/she is immediately subject to compulsory execution. On the same day, the Plaintiff was prepared by the Nonparty Company as a notarial deed with a content similar to the loan amounting to KRW 280,000,000 from the Nonparty Company (hereinafter “instant notarial deed”).
(2) On October 21, 2013, the Plaintiff received a collection order (Seoul Eastern District Court 2013TTT17874) regarding the amount that reaches KRW 200 million among the claims for return of the lease deposit under the instant lease agreement to Nonparty C based on the instant notarial deed, and C was served on October 25, 2013 with respect to the above claims for seizure and collection order.
C. On July 12, 2013, the Defendant acquired the claim for return of the lease deposit of this case from the non-party company with the intention to lend KRW 100 million to the non-party company through H that came to know through the insurance business.