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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. The main office;
Reasons
1. The Plaintiff’s judgment on the claim of the principal lawsuit is recognized by each entry in Gap’s 1 through 3 (including the serial number; hereinafter the same shall apply) without any dispute between the parties or each entry in Gap’s 1 through 3 (including the serial number; hereinafter the same shall apply).
Inasmuch as the Plaintiff is the principal of KRW 7 million and the interest or delay damages until October 31, 2016, the Defendant is obligated to pay the Plaintiff the interest at the rate of KRW 73 million with interest rate of KRW 24% per annum, which is the agreed delay damages rate from November 1, 2016 to the date of full payment, barring special circumstances.
2. Determination as to the defendant's defense of set-off and counterclaim
A. Defendant’s assertion 1) The primary argument is that the Defendant lent KRW 182.5 million to the Plaintiff operating the lending company to the lender. The Defendant offsets the Plaintiff’s loan to the Defendant with the above loan claim against the Plaintiff by KRW 80 million. In addition, the Plaintiff shall return to the Defendant the remainder of KRW 65 million, excluding the amount of KRW 80 million offset by the Defendant at KRW 182.5 million and the amount of KRW 37 million collected by the Defendant directly from the lending obligor. 2) The primary argument is that the Defendant manages the Defendant’s former claim (total KRW 182.5 million - the Plaintiff collected and appropriated the loan claim, but the Plaintiff’s employee embezzled the remainder after excluding KRW 55 million remaining in the above claim, and thus, the Plaintiff is liable for damages incurred by the Defendant due to nonperformance or entrusted management contract.
According to the above argument, C’s embezzlement amount is KRW 1.2 million (=182.5 million - KRW 7 million - KRW 5.5 million).
The defendant asserts that C embezzleds KRW 130,150,000,000, and there is a ground for calculating the amount.