beta
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit are dismissed.
2. The part concerning the counterclaim among the judgment of the court of first instance.
Reasons
1. The plaintiff is a person engaged in the manufacturing of steel structure for industrial machinery with the trade name of "E" in Kimpo-si, Kimpo-si, and defendant B is a person engaged in the sales business of scrap iron with the trade name of "G" from Kim Jong-si, and defendant C is a wife in defendant B and is registered as a business operator in the above G's name.
[Ground of recognition] Facts without dispute and purport of whole pleading
2. The Plaintiff asserts that even though the Plaintiff lent KRW 30,000,000 to the Defendants on February 16, 2011, the Defendants did not pay these amounts, the Defendants jointly and severally are liable to pay the Plaintiff the said KRW 30,000,000 and the damages for delay thereof.
According to the statement in Gap evidence No. 1, the fact that the plaintiff's account was remitted from February 16, 201 to defendant C's account was remitted from February 16, 2011, but the above fact of recognition alone is insufficient to recognize that the plaintiff and the defendants entered into a monetary loan contract with respect to the above money, and there is no other evidence to prove otherwise.
Rather, according to the purport of the evidence No. 7-2 and the entire pleadings, the above KRW 30,00,000 appears to have been paid to the Defendants as construction cost, and the Plaintiff also submitted the evidence No. 11-1 (the document on the payment of construction cost, evidence No. 7-2) and No. 3 (transaction No. 7-2) from the preparatory document of October 16, 2014, which was submitted by the court of the trial, and stated that the Plaintiff paid KRW 30,00,000 as construction cost to the Defendant C on February 16, 2011.
Therefore, this part of the plaintiff's assertion is without merit.
3. Judgment on the counterclaim
A. Defendant C’s assertion (1) during the period from October 6, 2010 to November 1, 201, Defendant C lent KRW 24,760,000 to the Plaintiff via its corporate bank account, and KRW 10,00,000 to the Plaintiff via its national bank account during the period from February 8, 201 to January 9, 2012, respectively.