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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) B: (a) KRW 29,944,721 from the Plaintiff (Counterclaim Defendant) and its 21,045.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Summary of both claims;
A. 1) The Plaintiff borrowed the amount of KRW 35 million from Defendant B and October 20, 1997 at the maturity of payment on January 20, 1998 and at the rate of 2% per month. The Plaintiff borrowed the amount of KRW 20 million on December 1, 1998 at the maturity of payment on November 30, 200 and the rate of KRW 20 million per month.
In order to secure the above loan obligations against the above defendant on December 1, 1998, the plaintiff entered into a mortgage contract with the above defendant on each of the real estates listed in the separate sheet No. 1 (hereinafter "each of the real estates of this case") with the above defendant on December 1, 1998, which provides that the right to collateral security shall be established, which shall be equivalent to 25 million won of the maximum debt amount, and the above defendant completed the registration of establishment of each of the real estates of this case with the head of Suwon District Court No. 184260, Dec. 2, 1998 (hereinafter "registration of establishment of each of the real estates of this case").
B) The Plaintiff borrowed each of the above Defendant’s loans of KRW 35 million on October 20, 1997, and KRW 20 million on December 1, 1998, respectively, for the operation of the said business under the name of D industry company. Therefore, each of the above Defendant’s loans was extinguished five years after the expiration of the extinctive prescription period under Article 64 of the Commercial Act from January 20, 1998, and November 30, 200, respectively. However, even if the above Defendant’s loans were not so, the statute of limitations expired since December 15, 200 to April 21, 2008, since each of the above Defendant’s loans against the said Defendant’s damages for delay had expired from the expiration of the prescription period under Article 16 subparag. 163 of the Civil Act to the short-term loans of KRW 163 million on April 21, 2008.
In addition, on April 21, 2008, the Plaintiff repaid the above Defendant KRW 90 million, which the Plaintiff borrowed from the above Defendant, from October 20, 1997, from April 22, 2005 to April 21, 2008.