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1. The Defendant (Counterclaim Plaintiff) paid KRW 38,688,430 to the Plaintiff (Counterclaim Defendant) and its related amount from March 29, 2016 to April 26, 2017.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are licensed real estate agents D who run the “C Licensed Real Estate Agent Office” and run the business of purchasing and selling real estate.
B. The Plaintiff and the Defendant purchased land with joint funds from January 2003 to 2007 for the purpose of gaining marginal profits from resale, and sold it within a relatively short period of time, and shared the remainder of expenses, etc. (hereinafter “instant trade agreement”).
The plaintiff and the defendant around the end of 2006.
Upon agreement to terminate the same trade relationship as stated in the attached Form 1, the two parts were prepared as follows. The part of the lower court’s “amount to be received from the Defendant 60,416,260 won-28,60,600,000 won =32,770,770,660” and the part of the “amount to be received 9,241,450 +32,770,660 won +13,82,51,582,55,894,626 won” were written by the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2-2, Gap evidence 10-1 to 3-3, the purport of the whole pleadings
2. The parties' assertion and judgment have been engaged in the business of purchasing and selling real estate for the purpose of obtaining gains from resale, and the plaintiff and the defendant have a duty to perform the obligation to return the amount of indemnity or settlement of accounts and the obligation to return unjust enrichment with each party's principal lawsuit and counterclaim, by asserting that they lent money several times to the other party with real estate purchase funds or maintenance expenses, etc.
We examine the claims of the Plaintiff and the Defendant for payment to the other party as a principal lawsuit and counterclaim by dividing them into each claim.
A. (1) The Plaintiff’s assertion 1 of the parties to the claim that the Plaintiff sought as the principal claim (1) shall transfer the sum of KRW 53,348,00 to the Defendant’s account from February 24, 2006 to the Defendant’s account, and thus, the Defendant shall pay the said sum to the Plaintiff.