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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Determination on the main claim
A. The gist of the Plaintiff’s assertion 1) The introduction of Dong Seo-gu, the Dong Seo-gu, made a loan to the Defendant in the name of five (415 to 418, and 427) of the Plaintiff among D stores E (415 to 418, and 427) around October 206. However, when the Defendant delayed the repayment of the amount borrowed from a new bank as part of the intermediate payment and paid the amount in lieu of overdue interest to the Plaintiff, the Defendant would later sell the above commercial building and make a settlement of the overdue interest paid by the Plaintiff at the time of the transfer of the registration. Accordingly, on August 11, 2008, the Plaintiff lent the above amount to the Defendant by lending the amount to 101,543,236 won in lieu of the Defendant’s overdue interest, and thus, the Defendant did not have the obligation to pay the principal and interest of the loan to 301,543,236 won in lieu of the Defendant’s overdue interest.
As a result, the defendant obtained profits equivalent to the same amount without any legal ground, while the plaintiff suffered losses equivalent to the same amount.
Therefore, the defendant is obligated to refund the above KRW 101,543,236 and the delay damages to the plaintiff with unjust enrichment.
B. Determination 1) In light of whether the Plaintiff borrowed money from C on August 11, 2008 and paid 101,543,236 won in lieu of the Defendant’s overdue interest, the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it (In addition, the following facts or circumstances acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements in Gap’s evidence Nos. 1 through 17, and Eul’s evidence No. 2, namely, C was kept for the Defendant upon receiving the Defendant’s refund of value-added tax from Silorri Island.