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 lent KRW 10,00,000 to the Defendant, and the Defendant’s repayment of KRW 5,00,000 among them is without dispute between the parties. Barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5,00,000, and damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. from December 5, 2017 to the date of delivery of the original copy of the instant payment order, clearly on the record, to the day of full payment.
2. Judgment on the defendant's defense
A. The defendant, when the defendant lent KRW 5,00,00 to C, has guaranteed that the plaintiff would repay the loan obligation of the plaintiff to C, and therefore, the defendant's defense is set off against the defendant's loan obligation of the plaintiff as the security deposit bond against the plaintiff.
B. As to whether a set-off exists, there is no dispute between the parties that C borrowed KRW 5,00,000 from the Defendant, but with respect to the joint and several liability of C for the above loan obligations against the Defendant, the testimony of the witness C at the trial as shown in the reasoning of the Defendant’s argument is difficult to believe that the Plaintiff jointly and severally guaranteed the above loan obligations against C, and there is no other evidence to acknowledge the Defendant’s assertion.
C. Therefore, since there is no automatic claim of offset, the defendant's defense is without merit.
3. The plaintiff's claim of this case should be accepted on the ground of the reasons.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.