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1. The Defendant (Counterclaim Plaintiff) paid KRW 22,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from May 13, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. From around September 2010, the Plaintiff traded money with the Defendant. On September 18, 2012, the Plaintiff obtained a certificate of completion of the loan that “the third repayment of the principal amount of the loan amount of KRW 175,00,000,000 from the Defendant to the end of KRW 50,000 on September 25, 2012, the first repayment of the principal amount of the loan amount of KRW 175,000,00,000, which was due and due and due as follows: (a) the second repayment of the principal amount of the loan amount of KRW 50,000 on October 5, 2012, the third repayment of the principal amount of KRW 75,00,000,000 on November 15, 2012, the third repayment of the principal amount of KRW 75,000,000,000.”
B. The Defendant repaid to the Plaintiff KRW 153,00,000 in total,00 on September 25, 2012, and KRW 40,000,000 on September 26, 2012, and KRW 50,000 on December 12, 2012, and KRW 20,000,000 on December 4, 2012, and KRW 16,16,100,00 on January 16, 2013, and KRW 14,00,000 on May 21, 2013.
【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1, 2, and 4-1, 2, and purport of the whole pleadings】
2. Determination:
A. According to the above facts as to the principal lawsuit, the Defendant is obligated to pay the Plaintiff KRW 22,00,000 (=175,000,000-153,000,000) pursuant to the monetary transaction settlement agreement, barring any special circumstances.
B. As to the defense and counterclaim against the principal lawsuit, the Defendant asserts that the above loan certificate was made by the Plaintiff’s paper without accurate settlement. On November 12, 2010, without interest agreement, the Plaintiff borrowed KRW 332,60,000 from the Plaintiff by March 20, 2012, and the amount paid is KRW 349,130,00,000, since the payment was made without interest agreement, the Plaintiff’s claim on the principal lawsuit is without merit and is claiming the return of KRW 16,530,000, which was paid in excess as above.
Therefore, the circumstance of the defendant's assertion that the defendant agreed to pay KRW 175,000,000 to the plaintiff when settling cash transactions with the plaintiff on September 18, 2012 is effective by the above loan certificate.