대여금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following amount shall be revoked.
At the time of the filing of the lawsuit, the Plaintiff asserted that “Defendant D Co., Ltd. (hereinafter referred to as “principal debtor”) and Defendant B and C, a joint guarantor, jointly and severally, shall be jointly and severally liable to pay the Plaintiff the loans of KRW 100,000,000 (on October 30, 2015, repayment period) and KRW 18,820,960 (on March 30, 2016), and KRW 18,820,960 (on March 30, 2016), and KRW 10,000,000 (on March 7, 2016, and KRW 5,000,000 (on March 18, 2016, KRW 13,820,960), and delay damages therefrom.”
Since then, the Plaintiff withdrawn the claim for the loans at the first instance court, and recognized the fact that the Defendants received reimbursement of KRW 38,00,000,000 from each of the above loans, the Plaintiff reduced the claimed amount to KRW 80,820,960 (=100,000,000- KRW 18,820,960-38,00,000). The Plaintiff changed the claim to the purport that it would be, but did not modify the purport of the claim.
The Defendants asserted to the effect that “The amount of KRW 122,350,00,00, out of KRW 80,820,960 for the remaining loan 80,820,960 claimed by the Plaintiff, Defendant B, instead of the Plaintiff, repaid the down payment for the purchase price of land to F and G on November 25, 2016.” The Defendants asserted to the effect that “the total amount of the remainder is offset against the amount equivalent to KRW 122,350,00 for the claim against the Plaintiff for the purchase price of land against Defendant C, and KRW 20,000 for the claim against the Plaintiff relating to the attraction of interest rate to the Plaintiff.”
The first instance court rendered the judgment to the effect that “the Defendant shall pay to the Plaintiff the amount of KRW 23,00,000 for the purchase and sale of the above land among the above defenses (the amount of KRW 23,00,00,000 for the purchase and sale of the above land is recognized as being offset), but the remainder of the Defendant’s assertion (the allegation of offset) is without merit.” The first instance court rendered the judgment to the effect that “the Defendant shall pay to the Plaintiff the amount of KRW 57,820,960 for the above changed claim amount of KRW 80,820,960 (the amount of KRW 80,820,960
In this regard, only the Plaintiff asserted the repayment of KRW 23,00,000 to the Defendant’s payment of the purchase price of the above land in the first instance judgment.