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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 24, 2016 to December 22, 2016.
Reasons
1. In full view of the statements in Gap evidence Nos. 1 and 2 as well as the overall purport of the pleadings as to the principal claim and the witness Eul's testimony, the court below acknowledged the fact that around May 8, 2008, the plaintiff borrowed 40 million won from the defendant's International Co., Ltd. (hereinafter "the company of this case") and asked the defendant to borrow 40 million won for the lease deposit of the store leased by the defendant around May 2008, and delivered 10 million won to the defendant around May 8, 2008, and remitted 30 million won to D designated by the defendant.
According to the above facts, the plaintiff is obligated to pay to the defendant the interest of KRW 10 million around May 2008 and KRW 40 million on May 8, 2008 and without fixing the due date for repayment. Thus, the defendant is obligated to pay to the plaintiff the above borrowed amount of KRW 40 million and the above borrowed amount of KRW 40 million from July 24, 2016 to December 22, 2016, which is the day following the delivery date of the complaint in this case, the delivery date of the complaint in this case, 5% per annum under the Civil Act from July 24, 2016 to December 22, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit
(1) The Plaintiff asserted that the Defendant is liable to pay the above KRW 10 million to the Defendant, since the Plaintiff agreed to transfer the right of lease to the Defendant’s stores on May 8, 2008, while the Plaintiff received the right of lease from the Plaintiff and the Plaintiff paid KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
Modern, Nos. 1 to 4.