A. Facts 1) On February 18, 2013, the Defendant, who was the former representative director of the Plaintiff, paid KRW 130,000,00 to the Plaintiff, and agreed to pay to the Plaintiff when the Defendant would be given a loan. (2) However, the Plaintiff filed a claim suit against the Defendant against the Plaintiff Company, which was the representative director, under the Cheongju District Court Support 2013Gahap563, Seoju District Court Decision 2013Na407, and the appellate court [Seoul High Court Decision 2014Na407] established a conciliation to exempt the Plaintiff from KRW 50,000 among the above KRW 130,000,000 between the Plaintiff and the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

B. In full view of the purport of the argument as a result of the order to submit tax information to the director of the tax office of this court and the statement in Gap evidence Nos. 10 and 11, the defendant's sales in 2013 to 80 million won, and the sales in 2014 to 1 billion won in the market price from 2001 to 117,50,000 won, can be acknowledged as having been owned by the defendant. According to the above facts of recognition, it is reasonable to view that the defendant had been in a condition under which the defendant can receive a loan at the time of the plaintiff's filing of the lawsuit in this case.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 80,000,000 won and damages for delay at the rate of 15% per annum from July 17, 2015 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint.

2. As to the defendant's defense, since the defendant agreed to pay 80,000,000 won out of the amount invested by the defendant in the plaintiff to the defendant, it is a defense that the plaintiff offsets the plaintiff's above contract deposit against the defendant with the claim to return the above contract deposit with the plaintiff. Thus, the evidence submitted alone is alone 80,000.