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1. It includes a claim of the principal lawsuit added and expanded by the Plaintiff in the trial, and a counterclaim that the Defendant reduced.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The court's explanation on this part of the facts of recognition is consistent with the reasoning of the judgment of the first instance except for the following modifications, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The 5th parallel 5th parallel 10th parallels as follows.
1) On September 12, 2013, the Plaintiff borrowed KRW 26,000,000 from the Defendant (hereinafter “the instant loan”) and agreed to pay KRW 33,000,000, including prior interest and expenses until September 30, 2013, and the Defendant withdraws it from the sales price of the instant charnel house to be deposited into a deposit account in the name of F.
At the time, the Plaintiff transferred the right to sell the 26 period of the frame of the instant charnel as indicated in the attached list in the instant charnel with the Defendant as collateral for the foregoing debt (hereinafter “instant right to sell”) and agreed to receive a return of the instant certificate when the Plaintiff fully repaid the said debt.
From October 31, 2013 and November 10, 2013, the Plaintiff agreed to pay KRW 35,000,000 to the principal and interest of the instant loan until November 22, 2013, as follows: (i) 7, 11, and 2, the Plaintiff agreed to pay KRW 35,00,000 to the principal and interest of the instant loan.”
2) Upon entering into the second sales contract, the Plaintiff and the Defendant entered into an execution agreement and a transfer for security (hereinafter “instant execution agreement”) with the following terms and conditions:
(2) As above, the Plaintiff and the Defendant agreed to pay KRW 35,00,000 to the Defendant by December 30, 2013, including the agreement between the Plaintiff and the Defendant (hereinafter “instant monetary loan agreement”).
2. Determination on the main claim
A. On September 12, 2013, the Plaintiff agreed to receive a refund from the Defendant when the Defendant and the Plaintiff fully repaid the instant loans on September 12, 2013 is as seen above.