A. On June 10, 2016, the Defendant: (a) lent KRW 5 million to the Plaintiff on September 10, 2016 at an annual interest rate of 2% (hereinafter “instant loan”); and (b) the Defendant did not repay the instant loan at the said maturity date.

B. On September 11, 2017, the Defendant filed a lawsuit against the Plaintiff on the ground that “the Plaintiff has paid KRW 5,450,000 to the Plaintiff and has not repaid the instant loan claims” (Seoul Northern District Court Decision 2017 tea3173). On September 28, 2017, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay the Defendant 5,450,000 won and damages for delay calculated at the rate of 15% per annum from November 14, 2017 to the date of full payment,” and that the instant payment order was finalized on November 28, 2017 by the Plaintiff’s failure to raise an objection.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he borrowed KRW 5 million from the Defendant around June 10, 2016. However, the Defendant sustained damages of KRW 35 million ( KRW 1.1 million, KRW 2.6 million, KRW 1.5 million, KRW 1.5 million, KRW 2 million, KRW 1.5 million, KRW 1.5 million, KRW 2 million, KRW 1.5 million, KRW 2.6 million, KRW 1.5 million, KRW 1.5 million, KRW 2.6 million, KRW 2.6 million, KRW 2.6 million, KRW 1.5 million, KRW 1.5 million, KRW 2.6 million, KRW 2.6 million, KRW 2.6 million, interfering with the business of vehicle theft and construction sites, etc.).

The Plaintiff offsets the Defendant’s claim for damages of KRW 35 million against the Defendant’s above loan’s claim. As such, the Plaintiff did not have any money to be paid to the Defendant according to the instant payment order.

(b) Judgment 2016 Highest 3005

1. The Defendant destroyed the Plaintiff’s property two times as follows. A.

On June 21, 2016, the Plaintiff around 22:10.