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1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on May 27, 2014.
Reasons
1. Determination as to the main claim
A. On October 7, 2008, the Plaintiff, a South East Eastern, lent the amount of KRW 12 million,00,000,000 to the Defendant, who is the South East Eastern, without setting the interest and the due date.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25 million a year from May 27, 2014 to September 30, 2015, which is the day following the delivery of a copy of the complaint of this case, calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from the next day to the day of full payment.
In this regard, the defendant lent money to the plaintiff as the business fund of the defendant who is the merchant, which constitutes a commercial claim to which the five-year extinctive prescription under Article 64 of the Commercial Act applies, and the plaintiff's claim against the defendant has already been completed at the time of filing the lawsuit
However, as between the plaintiff and the defendant, there is no evidence to deem that the above amount loaned by the plaintiff to the defendant on the basis of friendly relations was used as the defendant's business fund, and the statement in Eul No. 15 alone is insufficient to recognize that the above amount was lent to the defendant for his own business or business, and there is no evidence to acknowledge otherwise, the defendant's assertion that the above lending constitutes a commercial activity is without merit.
2. Judgment on a counterclaim
A. The facts of recognition 1) Yongsan-gu Seoul Metropolitan Government Dalla (hereinafter “instant real estate”)
on July 21, 2007, the seller E, the buyer, and the buyer, by the brokerage of Licensed Real Estate Agent D on July 21, 2007