[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the loan of KRW 60,000,000 to the plaintiff and the delay damages.

B. As to the Defendant’s assertion, the Plaintiff leased and used 10 officetels managed by the Defendant. Since the unpaid rent is KRW 62,750,000, the Plaintiff’s claim for rent is offset against the Plaintiff’s claim for the instant loan.

B) Even if the Defendant was not in a lessor status, the Defendant received 62,750,000 won from C, a lessor, on April 15, 2016, the claim for the transfer money, which he/she had against the Plaintiff, and thus, offsets the Plaintiff’s claim for the loan of this case with the claim for the transfer money. 2) The following facts can be acknowledged in full view of the purport of the entire pleadings as stated in the evidence No. 4-1, No. 4-2, and No. 1, No. 1-6.

① On September 22, 2015, D Co., Ltd. (hereinafter referred to as “sub-company”) entered into a contract with C to lease the Yeongdeungpo-gu Seoul Metropolitan Government E-building Nos. 52,800,000, monthly rent of KRW 8,000 (excluding value-added tax), and the term of lease from September 25, 2015 to March 24, 2016.

② On October 2, 2015, Nonparty Company entered into a contract with C to lease the building H of Yeongdeungpo-gu Seoul Metropolitan Government by setting the deposit amount of KRW 33,000,000, monthly rent of KRW 5,000,000 (excluding value-added tax), and the lease period from October 2, 2015 to April 1, 2016.

③ On October 5, 2015, Nonparty Company entered into a contract with C to lease the building I of Yeongdeungpo-gu Seoul Metropolitan Government with a deposit of KRW 33,00,000,000, monthly rent of KRW 5,000,00 (excluding value-added tax), and the term of lease from October 5, 2015 to April 4, 2016.