대여금
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 146,564.
The agreement between May 28, 2013 to August 10, 2016 set forth a total of KRW 130,325,783 to the Defendant at the rate of 6.9% (from September 30, 2016) or 4.6% per annum (from October 1, 2016), and among them, the fact that the Plaintiff was paid the principal amount of KRW 86,80,500 and interest by August 10, 2016 is no dispute between the parties.
Judgment
According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed interest or delay damages from August 11, 2016, the remainder of the loan (=130,325,783 won - 86,800,500 won), barring special circumstances.
The defendant's assertion on the defendant's counterclaim and counterclaim is obligated to pay retirement allowance of KRW 190,089,284 to the defendant, so the plaintiff must offset the above loan's claim against the defendant and pay the remainder of the set-off.
Facts of recognition
From September 2012 to August 10, 2016, the Defendant retired from office while serving as the Plaintiff’s registered director. The retirement allowance payable to the Defendant according to the Plaintiff’s retirement allowance payment rules is KRW 190,089,284.
[Grounds for recognition] According to the fact that there is no dispute, the entries in the evidence Nos. 4 through 6, 8 through 10, and the purport of the entire pleadings, the plaintiff is obligated to pay 190,089,284 won of retirement allowance to the defendant, and there is no dispute between the plaintiff's loan and the defendant's retirement allowance claim on August 10, 2016, and it is apparent in the record that the reply stating the defendant's declaration of intent to offset the defendant's retirement allowance claim against the plaintiff's loan claim on an equal amount of the plaintiff's loan claim on January 24, 2017 is served on the plaintiff on an equal amount as of August 10, 2016. Thus, if each claim of the plaintiff and the defendant are offset against each other on an equal amount as of August 10, 2016, the plaintiff's claim is all extinguished (the defendant's counterclaim has merit).
The plaintiff's assertion is relevant.