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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
The reason why our court's explanation on this case is the same as that of the part of the judgment of the court of first instance, and thus, this is cited in accordance with Article 420 of the Civil Procedure Act
[Defendant is also the spouse D(hereinafter referred to as “Defendant married couple”) in the trial of a party.
A) The recording statement (Evidence No. 6 and No. 10) containing a conversation that the Plaintiff did not repay the principal and interest of the instant loan to the Plaintiff A is different from the fact that the Defendant’s husband and wife made a statement beyond the Plaintiff’s leading questioning in the event of mental confusion caused by the Defendant’s medical treatment. However, given that there was no reason or motive for recognizing the Defendant’s obligation to repay the Plaintiff’s non-existent loan, the credibility of the Defendant’s statement in the recording book may be sufficiently recognized. Furthermore, according to the record No. 5-1 through No. 72, according to the record No. 5-1, the Defendant’s payment of interest equivalent to 2% of the instant loan from July 2006 to July 2012, the Defendant’s assertion that the interest rate of the instant loan was 1% or more, unlike the Defendant’s assertion that the instant loan was 2% or more at the time. Accordingly, the Defendant’s assertion is rejected.
In addition, the defendant asserts that F and G's claims against the plaintiff F and G are set off against the defendant's obligations. However, in light of the fact that the defendant was related to F and G, and only before the defendant asserted a set-off in the lawsuit of this case, and there is no evidence that he paid the price corresponding to the amount of the transferred claim, the defendant is in the form of the claim acquisition for a set-off, and such a defense of set-off cannot be allowed by deviating from the purpose and function of the set-off system. Thus, this part of the claim of the defendant is without examining whether the automatic claim asserted by the defendant exists.