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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.
Reasons
1. On April 28, 2008, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) asserted that on-the-job on April 28, 2008, 30,000 won was determined and lent to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) as of October 31, 2008, and among them, 15,000,000 won was paid, and thus, 15,000,000 won and damages for delay should be paid.
On the other hand, the defendant asserts that the above money was received as business-related deposit by Co., Ltd. operated by the defendant, and that it was not personally borrowed.
On April 28, 2008, the Plaintiff asserted that a loan or a deposit amount of 30,000,000 to an account under the name of the Defendant is a loan, and the Defendant asserts that it is a deposit, but there is no difference in that it is an expected amount to be returned.
The fact that the Defendant transferred to the Plaintiff on June 12, 2009, the fact that the Defendant transferred KRW 15,000,000 from his own account to the Plaintiff on June 12, 2009 is no dispute between the parties.
However, considering the fact that the defendant paid money to his personal account and that the plaintiff and the defendant were closely related to the establishment of high school, it is reasonable to see that the person who received the above money is not the legal entity of the defendant's operation, but the defendant as the individual.
Therefore, the defendant is obligated to pay to the plaintiff 15 million won with 15% interest per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings from May 24, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
2. The defendant asserts that since he lent KRW 70,755,00 to the plaintiff from June 17, 2008 to August 25, 2009 without fixing the due date, the above amount and damages for delay should be paid.
According to the statements in Eul evidence Nos. 1 through 3 (including paper numbers), the defendant remitted to the plaintiff the amount of KRW 46,315,00 on June 17, 2008, KRW 10,000 on March 10, 2009, KRW 500,000 on March 17, 2009, KRW 500,000 on March 17, 2009, and KRW 3.6 million on June 16, 2009.