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1. The Defendant (Counterclaim Plaintiff) shall pay 14,805,000 won to the Plaintiff (Counterclaim Defendant) and its payment from March 26, 2019.
Reasons
1. Basic facts
A. On February 1, 2017, the Plaintiff entered into a contract with the Defendant to entrust the sale of the products, such as the Plaintiff’s products, such as the passporting and painting (hereinafter “instant products”) to the Defendant (hereinafter “instant consignment contract”).
B. On the same day, the Plaintiff received from the Defendant a certificate of borrowing “the 10 million won borrowed money to sell all the products produced by the Plaintiff” (hereinafter “the certificate of borrowing”). Around that time, the Plaintiff paid KRW 10 million to the Defendant (hereinafter “the borrowed money”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff's assertion 1) The defendant is obligated to pay the plaintiff 4,805,00 won for attempted amounts under the consignment contract of this case and 10,000,000 won for the borrowed money of this case. The defendant's assertion 2) The defendant was paid the borrowed money of this case from the plaintiff as business expenses. The defendant did not refund the above money to the plaintiff when he actually performed his business activities, and if he did not conduct his business activities, he did not refund the above money to the plaintiff. The defendant did not have the obligation to return the borrowed money of this case since he actually performed his business activities for nine months.
B. 1) Determination 1) As to the Plaintiff’s claim for the amount of the Plaintiff’s attempted money, the Plaintiff supplied the instant product to the Defendant pursuant to the instant consignment sale contract, and the amount of the attempted money remains in KRW 4,805,00, there is no dispute between the parties, or can be acknowledged in full view of the overall purport of the pleadings in each of the entries in the evidence Nos. 3 through 5. As such, the Defendant is obligated to pay the Plaintiff KRW 4,805,000 for the Plaintiff’s claim for the amount of the Plaintiff’s borrowed money. (2) In the event the Plaintiff’