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1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 5, 2007 to January 12, 2017.
Reasons
1. Determination on the main claim
A. The plaintiff asserted that the plaintiff lent 80,000,000 won to the defendant on July 29, 2005, and 10,000,000 won on December 19, 2005, and 30,000,000 won on February 5, 2007, and 20,000,000 won on November 6, 2008, the defendant is obligated to pay the above amount to the plaintiff.
B. Determination 1) In full view of the purport of the entire pleadings as to Gap evidence No. 1-7, 30,000,000 won loans as of February 5, 2007, the defendant borrowed 30,000,000 won from the plaintiff on February 5, 2007 as of May 4, 2007. (A) The defendant asserted that the above borrowed money and the loan claim No. 145,120,00 won owned by the defendant against the plaintiff are set off within an equal amount, but the defendant's claim against the defendant cannot be acknowledged as to the loan claim as seen below. Thus, the defendant's above assertion is without merit.
(2) In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1-3 and 4 dated July 29, 2005 and the loans No. 10,000,000 as of December 19, 2005, the defendant borrowed KRW 30,000,000 from the plaintiff over twice on July 29 and December 19, 2005.
As the defendant asserts that he paid the above amount, it is reasonable to view that the above loan was fully repaid to C according to the following circumstances, namely, the defendant paid C totaling KRW 31,00,000 from September 22, 2005 to May 14, 2014 at the plaintiff's instruction, and there is no circumstance to deem that there was an interest agreement between the plaintiff and the defendant as to the above loan, and the plaintiff did not request the defendant to pay the above amount for about 10 years after the loan.
Therefore, the plaintiff's assertion on this is without merit.
3. According to the evidence No. 1-8 of the loan No. 20,000,000 won on November 6, 2008, the Plaintiff entered as the Defendant on November 6, 2008.