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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) amounting to KRW 7,450,000 for the Plaintiff (Counterclaim Defendant) and the amount from May 17, 2017 to January 11, 2018.
Reasons
1. Grounds for filing a principal lawsuit and a counterclaim;
A. The Plaintiff, the cause of the Plaintiff’s principal lawsuit, agreed to divide profits from resale after receiving a successful bid of real estate by investing 1/2 with the Defendants, and thereby, invested the money indicated in the separate claim and the application form for modification of the cause of the claim. The Defendants, even though selling the real estate awarded a successful bid to a third party, did not pay 1/2 of the sales amount to the Plaintiff. Therefore, the Plaintiff is obligated to pay KRW 10
B. The plaintiff, which is the cause of defendant B's counterclaim, has invested the money under the actual agreement. Thus, the plaintiff's claim on the principal lawsuit is without merit.
Rather, Defendant B lent KRW 164,80,00 to the Plaintiff, but only received KRW 36,640,000 and KRW 20,500,00,000. As such, Defendant B claimed the remainder of loans KRW 107,660,000. In addition, Defendant B, who leased the real estate awarded a successful bid to a third party and received unjust enrichment of KRW 30,000,00,00 for lease deposit, thereby seeking payment of KRW 137,660,00 as a counterclaim (the remainder of loans KRW 107,660,000).
2. Facts of recognition;
A. Defendant B’s lending to the Plaintiff is the Plaintiff’s wife (the Plaintiff’s wife D’s wife) and Defendant C is the father of Defendant B.
Defendant B lent a total of KRW 164,80,000 to the Plaintiff, as shown in the attached Table of Loans, between January 2009 and October 2010.
This is the amount excluding loans No. 5 in the attached table of loans, and the defendant's loan amounting to KRW 40 million in the above No. 5-mentioned No. 5 is deemed to have been lent by his father E and requested to exclude the loan from the counterclaim claim.
On the other hand, regarding the loan details Nos. 3 through 6 in the loan list, the amount remitted by Defendant B or E to the Plaintiff’s wife D’s account is KRW 80,100,000. The Plaintiff’s wife D transferred the amount of KRW 80,00,000 out of the said amount deposited to its own account to its own national bank fund account on February 25, 2009, but on March 4, 2009.