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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Due to the principal claim.
Reasons
1. Determination on the main claim
A. From August 9, 2011 to July 25, 2014, the Plaintiff sought payment of the said money and damages for delay, as follows: (a) the Plaintiff leased a total of KRW 235,270,000 on a total of 37 occasions over a total of 37 occasions as indicated in the following table.
순번 일자 금액(원) 순번 일자 금액(원) 1 2011. 8. 9. 3,000,000 20 2012. 5. 22. 5,000,000 2 2011. 10. 11. 500,000 21 2012. 5. 22. 4,400,000 3 2011. 11. 14. 5,970,000 22 2012. 6. 30. 200,000 4 2011. 11. 20. 9,800,000 23 2012. 7. 16. 4,200,000 5 2011. 11. 21. 8,000,000 24 2012. 8. 16. 3,000,000 6 2011. 11. 23. 10,000,000 25 2013. 4. 9. 2,000,000 7 2011. 11. 23. 10,000,000 26 2013. 6. 11. 100,000 8 2011. 11. 23. 10,000,000 27 2013. 7. 25. 300,000 9 2011. 11. 23. 9,200,000 28 2013. 9. 11. 10,000,000 10 2011. 12. 2. 10,000,000 29 2013. 9. 11. 8,000,000 11 2011. 12. 8. 3,000,000 30 2012. 9. 21. 30,000,000 12 2011. 12. 15. 9,800,000 31 2012. 12. 9. 3,800,000 13 2012. 1. 16. 3,000,000 32 2013. 9. 2. 3,000,000 14 2012. 1. 30. 2,000,000 33 2012. 6. 15. 10,000,000 15 2012. 2. 21. 1,000,000 34 2012. 7. 23. 10,000,000 16 2012. 2. 22. 6,200,000 35 2012. 9. 7. 5,000,000 17 2012. 4. 2. 4,800,000 36 2011. 11. 25. 5,000,000 18 2012. 5. 22. 10,000,000 37 2014. 7. 25. 5,000,000 19 2012. 5. 22. 10,000,000 합계 235,270,000
B. (1) Even though there is no dispute over the fact that the parties are able to receive money, the plaintiff asserts that the cause of receiving money is a monetary loan for consumption, and the defendant is liable to prove that it was received due to a loan for consumption if it is disputed the cause of receiving money.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). In addition, in cases where it is unclear whether the Plaintiff’s account transfer pursuant to a monetary loan due to the failure to prepare a written contract, a loan certificate, etc. between the parties, was made, the details and motive behind the receipt of money by means of the relationship between the parties and the account transfer.