A. On February 22, 2019, the Defendant borrowed KRW 200 million from the Plaintiff as “paid on May 30, 2019, and KRW 3 million per month interest (paid interest)”.

B. The Defendant remitted the Plaintiff KRW 3 million on February 22, 2019, and KRW 1.5 million on March 25, 2019, respectively, to the Plaintiff on the pretext of paying interest on the said loan, and did not pay interest thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18% per annum from May 31, 2019 to the date of full payment (=300,000 won per month x 12 months ± 200,000 won per month x 300,000 won per month) as requested by the Plaintiff, in the absence of special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that, upon the Plaintiff’s request for cooperation in the process of the settlement of construction price with the Plaintiff and C, the Defendant remitted KRW 100 million to the Plaintiff’s spouse on July 20, 2017, and KRW 34 million on July 21, 2017 to the Plaintiff, and that, in relation to the lawsuit brought by C, the Defendant received a written confirmation from the Plaintiff on the said money remitted by the Defendant in relation to the lawsuit brought by C, the Plaintiff cannot respond to the Plaintiff’s request before receiving

However, there is no evidence to acknowledge that the Plaintiff’s obligation to prepare a written confirmation with respect to the money remitted to the Defendant, and that the preparation of the written confirmation is a simultaneous performance relationship with the Defendant’s obligation to pay the above borrowed money to the Plaintiff. Therefore, the Defendant’s assertion is without merit

B. In other words, the defendant, out of the above remitted money, lent 34 million won to the plaintiff, so the defendant set off the loan claim and the above borrowed interest claim.