대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff is liable to pay the Plaintiff KRW 11 million and interest or delay damages therefrom, barring any special circumstance, on November 20, 2013, for the interest rate of KRW 11 million to the Defendant, his/her husband, his/her husband, and on October 1, 2014, the due date for repayment set at KRW 3.15% per annum, and on October 1, 2014.
2. Judgment on the defendant's assertion
A. The Defendant’s defense of payment of KRW 1.7 million is a defense that the Defendant paid the Plaintiff a total of KRW 1.7 million, and thus, the Defendant’s payment of KRW 1.7 million to the Plaintiff was either in dispute between the parties or in full view of the purport of the entire pleadings in the evidence Nos. 2 and 3, barring any special circumstance. Thus, the Defendant’s payment of KRW 1.7 million to the Plaintiff is deemed to have been made, barring any special circumstance.
As to this, the plaintiff asserted that the defendant received KRW 1.7 million from the living expenses, but did not receive the repayment of claims. However, there is no evidence to recognize that the plaintiff received the payment of KRW 1.7 million from the defendant as a donation for the living expenses. Therefore, the plaintiff'
Therefore, 1.7 million won out of the above loan claim of the plaintiff was repaid and extinguished.
B. On November 20, 2013, the Defendant’s defense of offsetting the Plaintiff’s claim for reimbursement of KRW 279,720 against the Plaintiff’s claim for reimbursement of KRW 279,720 as of November 20, 2013. Thus, the Defendant’s defense of offsetting the Plaintiff’s claim for reimbursement of KRW 279,720 against the Plaintiff’s loan. As such, the Defendant’s subrogation of KRW 279,720 on November 20, 2013 may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of the pleadings as indicated in the evidence No. 1
On January 26, 2014, the Plaintiff asserted that C, an son, the Plaintiff, paid KRW 300,000 to the Defendant with the repayment of the above obligation. However, the statement of evidence No. 2 is alone.