대여금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 22,254,794 and KRW 10,00,000 among them.
1. The fact that the Plaintiff loaned KRW 6 million to the Defendant on or around March 10, 1995, KRW 5 million on or around January 9, 1996, and KRW 3 million on or around October 5, 2004 without fixing the due date for repayment and interest (it was deemed that there was an agreement with interest of KRW 1.5% on the loan of October 5, 2004, as stated in subparagraph 1, the Plaintiff did not claim interest until July 20, 2008), and that the Defendant confirmed that the Plaintiff borrowed KRW 14 million on or around July 21, 2008, and that the interest calculated at the rate of KRW 1.5% on or around July 21, 2008 should be paid to the Plaintiff, and that there was no dispute between the parties concerned, or that there was no dispute between the parties concerned, as a whole, and the purport of the appraisal of KRW 14 million on the loan of KRW 1.5% on or around the first instance trial.
According to the above facts of recognition, the defendant is obligated to pay the loan of 14 million won to the plaintiff and interest or delay damages after July 21, 2008, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. On September 27, 1995, the defendant paid KRW 11 million to the plaintiff around September 27, 1995, and the loan remaining after additional repayment of KRW 1 million is 2 million. Since the defendant has a loan claim against the plaintiff, the defendant asserts to the effect that the offset does not remain as a loan to the plaintiff.
(b) be regarded as a set-off defense.
First, there is not sufficient evidence to acknowledge that the Defendant paid the Plaintiff KRW 11 million around September 27, 1995, and that the Defendant paid the Plaintiff additional KRW 1 million thereafter, and there is no other evidence to acknowledge otherwise.
Therefore, the defendant's defense of repayment is without merit.
C. Next, regarding the Defendant’s defense of set-off, the fact that the Defendant lent KRW 10 million to the Plaintiff on February 19, 2000 without setting the due date.