대여금
1. The Defendant’s KRW 321,50,000 and the Plaintiff’s annual rate of KRW 5% from July 14, 2017 to April 5, 2018.
1. In full view of the purport of the entire pleadings as to the cause of the claim Gap evidence Nos. 3-1 and 2, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 335,00,000,000,000 on September 1, 2014, October 24, 2016, and the amount of KRW 335,000,000 on October 85, 2016, and the amount of KRW 335,00,000 on October 28, 2016, and delay damages thereon, barring any special circumstance.
2. Judgment on the defendant's defense
A. The plaintiff, on November 5, 2001, delivered a promissory note number C, face value 16,500,000, and due date on November 5, 2001 to the defendant on November 5, 2001, and requested discount and received KRW 16,50,000 from the defendant. The defendant was paid KRW 3,00,000 upon the presentation of payment of the said promissory note. Since there is no dispute between the parties, the plaintiff is obligated to return the amount payable to the defendant out of the amount payable.
On the other hand, each obligor may set-off when both parties' fulfillment period has expired, and the term "when the performance period has expired" refers to the time when the obligee can demand performance to the obligor (see Supreme Court Decision 81Meu10, Dec. 22, 1981). The defendant's claim for the refund of the amount discounted on the bill against the plaintiff can be claimed from November 5, 2001, when the period of payment has not been fixed.
According to the above, since September 1, 2014, with respect to 50,000,000 won, each of the above obligations owed by the Plaintiff from October 24, 2016, 85,000,000 won reaches an offset. < Amended by Presidential Decree No. 2761, Oct. 28, 2016>
However, this case against the defendant by the defendant's automatic claim for the refund of the discounted bills.