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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed at the trial.
Reasons
1. Determination as to the principal lawsuit
A. The Plaintiff’s assertion 1) lent KRW 15,00,000 each to C and D on October 19, 2012, and the Defendant jointly and severally guaranteed the debt of C and D on the same day. Thereafter, on January 31, 2013, the Plaintiff settled the jointly and severally guaranteed debt of the Defendant, C and D on the said loan amount of KRW 30,000,000, and written and delivered a loan certificate (Evidence 4) with respect to KRW 30,000,000 from the Defendant. Thus, the Defendant is obligated to pay the Plaintiff the above KRW 30,000,000 and delayed payment damages therefor. 2) The Defendant and C and D, the primary debtor, were either erroneously paid the debt of the Plaintiff on October 19, 2012 and did not actually prepare the above loan certificate or the Plaintiff’s deception on the loan amount of KRW 30,000,000 from the Plaintiff at the time of borrowing.
Defendant, C, D, and E borrow a total of KRW 126,50,000 from May 31, 2012 to October 22, 2012, and repaid to the Plaintiff a total of KRW 163,390,000 from June 15, 2012 to March 6, 2014, and all obligations owed to the Plaintiff were extinguished (the final reorganization was made in Defendant’s preparatory document as of March 21, 2017), and the Plaintiff cannot respond to the Plaintiff’s claim.
(b) Determination 1) Gap 1-5 evidence (including each number; hereinafter the same shall apply)
In full view of the purport of the entire pleadings, the Plaintiff loaned KRW 15,000,000 each to C and D on October 19, 2012 while continuing a large number of monetary transactions with Defendant C, C, and D (in the case of D, the loan certificate was written on October 19, 2012, and the loan was transferred to D on October 22, 2012 by the Plaintiff.
(2) The Defendant jointly and severally guaranteed the above debt C and D on the same day, and thereafter, on January 31, 2013, the Plaintiff settled the joint and several liability amounting to KRW 30,000,000 in total, for each of the joint and several liability amounting to KRW 15,000,000,000, as well as the loan certificate regarding KRW 30,000 from the Defendant.