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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, order payment exceeding the money ordered to be paid below.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
Facts of recognition
Since the Plaintiff and the Defendant came to know of the Defendant, who had been employed as an employee of the claim management department in the Aju medicine corporation through drug transactions from around 1995 in the course of operating C Hospital and D Hospital, etc., the Plaintiff had been engaged in monetary transactions between the Plaintiff and the Plaintiff while maintaining close-friendly relationship, such as lending hospital operating funds to the Plaintiff and helping the Plaintiff to run the business. In that process, the Defendant lent KRW 197,000,000 in total to the Plaintiff by either granting cash directly to the Plaintiff or remitting via the Plaintiff’s account.
The Plaintiff paid 197,000,000 won in total to the Defendant by means of remitting from the Plaintiff’s and the Plaintiff’s account to the Defendant’s account on December 7, 2000 2, 2000 〃 32,000,000 〃 8,000,000 on January 10, 201 〃 55, 200 on January 15, 2001 to the Plaintiff on January 15, 2001 62,00,000 in cash delivery to the Plaintiff on February 28, 2001.
The Defendant lent KRW 85,00,000 to the Plaintiff from July 12, 2007 to September 30, 2008 by depositing the Plaintiff’s account into the Plaintiff’s account, and thereafter, from May 4, 2009, paid KRW 94,80,000, which added interest to the Defendant’s account by receiving money from the Plaintiff to the Defendant’s account, and settled the said monetary transaction relationship through an O account between the Plaintiff and the Plaintiff.
The plaintiff remitted total of KRW 36,900,000 to the defendant's wife P account as shown in the table 2 below.
The amount from the date of remittance Nos. 1 2,00,000 on January 5, 2013 20,000 on November 7, 2013; 2,00,000 on February 5, 2013; 2,000,00 on November 5, 2013; 3. 2,00,000 on November 5, 2013; 3.42,00,000 on March 4, 203; 3.2,00,000,00 on December 5, 2013; 4, 200,004; 12,00,000,00 on April 2, 20, 200, 14, 2005; 13,5,005;