대여금
1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from November 30, 2017 to the date of full payment.
1. Comprehensively taking account of the purport of Gap evidence No. 1’s written evidence and the entire pleadings as to the cause of the claim, the defendant prepared a letter of payment stating that “total of KRW 60,000,000 shall be repaid to the plaintiff on June 30, 2017, and KRW 20,000,000, and KRW 20,000,000 on September 30, 2017, and KRW 20,000,000 on December 30, 2017.”
Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 60,000,000 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 30, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the payment order in this case, as requested by the plaintiff.
2. Judgment on the defendant's assertion
A. As to the claim on invalidity of the payment rejection, the defendant asserts to the effect that the plaintiff, who believed that the plaintiff would contract the defendant with the three sites in Ycheon City to the defendant in the future, and prepared a statement of payment rejection (Evidence A (Evidence A) to the plaintiff, but the plaintiff did not comply with the promise, so the said statement of payment rejection is a statement of payment rejection made by deception.
However, it is not sufficient to recognize the fact that the Plaintiff was drafted and delivered a written statement of payment by deceiving the Defendant to the effect that the Plaintiff would contract the three sites in the city of Y in the future only with the descriptions of the evidence Nos. 1 through 3 (including each number number), and the testimony of witness B alone, and there is no other evidence to acknowledge it.
The defendant's above assertion is without merit.
B. As to the allegation of offset, the Defendant entered into a contract with C Corporation on the condition that C Corporation receives daily allowances, oil expenses, meal expenses, etc. from the Plaintiff. From August 2016 to November 2016, the Defendant did not receive KRW 5,728,200, such as the cost of oil and beverage purchase from August 2016 to October 2016, since the Defendant did not receive KRW 9,031,264, monthly wage for four months from August 2016, and KRW 5,728,200, such as the cost of oil and beverage purchase from August 2016 to October 2016, the Defendant’s claim against the Plaintiff, such as the above wage, etc.