beta
Text
1. The Defendant: (a) KRW 37,200,000 for the Plaintiff and 5% per annum from December 16, 2017 to May 8, 2019.
Reasons
The Plaintiff, on July 14, 2015, lent KRW 40,000,00 to the Defendant on July 14, 2015, did not have any dispute between the parties. Therefore, the Defendant is obligated to pay KRW 40,000,00 to the Plaintiff, barring any special circumstance.
The Defendant’s assertion and its judgment on this point are defenses that the Defendant repaid KRW 2,80,00 to the Plaintiff, and thus, comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 2-1, 2, and 3, the Defendant’s assertion and its judgment on this point is recognized to have discharged the Plaintiff a total of KRW 2,80,000 from September 7, 2017 to September 2018 (the Defendant’s reply submitted by September 14, 2018 page 14-18), and this part of the Defendant’s defense is with merit.
The Defendant alleged to the effect that the Plaintiff agreed to set off the above loan claims with the payment claim of KRW 27,200,000 for unpaid child support from February 2, 2016 to September 2018. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the above agreement, and there is no other evidence to acknowledge it. Thus, this part of the Defendant’s defense is without merit.
Since the defendant defenses that the above loan claim amounting to KRW 27,200,000 against the plaintiff is offset against the above loan claim amounting to KRW 27,200,00, the defendant raised three minor children (the minor child born in 2007, 2009, and 2010) from February 1, 2015 to September 30, 2018, in full view of the purport of the argument as a whole, the defendant brought up three children (the minor child born in 2007, 2009, and 2010) who were living separately with the plaintiff from February 1, 2015 to September 30, 2018, the defendant received KRW 670,000 per child from the plaintiff, and accordingly, the defendant's claim to pay the child support amounting to the defendant from February 1, 2015 to September 30, 2018 to September 30, 2007 x 209.