A. From July 2007 to January 201, 2012, the Plaintiff leased money several times to the Defendant, and on February 20, 2012, issued a certificate of borrowing (Evidence A (Evidence A (No. 1) to the effect that the Plaintiff loaned money to the Defendant by settling the amount of the above loan at KRW 124,00,000,000.

B. After issuing the above loan certificate, the Defendant repaid the Plaintiff the sum of KRW 48,180,000 as follows.

The fact that: (a) KRW 15,000,000 on May 22, 2012, 2012, KRW 10,000 on June 22, 2012, KRW 15,000,000 on January 25, 2014; (b) there is no dispute over KRW 13,180,00 on February 25, 2014 [Grounds for Recognition]; (c) evidence No. 1 (the defendant asserts that he/she revoked the amount of the loan because he/she made an error on the amount of the loan, and there is no evidence to prove it); (d) the purport of the whole pleadings and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 75,820,000 (=124,00,000 - 48,180,000) and damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from May 12, 2016 to July 7, 2016, the date following the delivery of a copy of the application for modification of the lawsuit filed by the Plaintiff on May 3, 2016, which was filed by the Plaintiff.

3. Judgment on the defendant's assertion

A. Since February 20, 2012, the Plaintiff issued the above loan certificate, the Plaintiff deposited KRW 30,265,00 in total to the Defendant, and the Defendant paid KRW 85,49,271 in total to the Plaintiff. As such, the Plaintiff’s claim amount should be deducted from the Plaintiff’s claim amount (= KRW 85,49,271 - KRW 30,265,00).

B. The following facts are acknowledged by comprehensively taking account of the evidence Nos. 3-1 to 3, Gap evidence Nos. 4, 5, Gap evidence Nos. 6-1 to 3, Gap evidence Nos. 7-1 to 7-3, and the witness's testimony, and the whole purport of the pleadings. In other words, ① the plaintiff let the defendant use the credit card in the name of the plaintiff in the automobile installment, etc., and the amount used for it on behalf of the defendant.