1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,253,274 and KRW 1,057,427 among them.

1. Facts of recognition;

A. On or around March 20, 2012, the Unified Distribution Co., Ltd. (hereinafter “Bankruptcy”), upon receiving a loan from the Defendant at KRW 100 million (hereinafter “instant loan”) at the rate of 4.897% per annum (7.338% thereafter) (the due date on or around September 21, 2016, extended to March 20, 2017), the loan interest rate is to be paid from the deposit account (Account Number 092-07932-01-014, hereinafter “instant account”) with the Defendant in the automatic transfer method from the Defendant’s bank account (Account Number 092-07932-014, hereinafter “the instant account”) to pay the card payment (hereinafter “the instant card payment”) at the 10th day of each month in the instant agreement.

On the other hand, the bankrupt was declared bankrupt on February 6, 2017 by this Court 2016Ha1034, and the plaintiff is appointed as the bankruptcy trustee of the bankrupt.

B, the debtor of the bankrupt, on February 10, 2017, deposited the warehouse fee of KRW 2,253,274 (hereinafter “the instant money”) to be paid to the bankrupt in the instant account.

When the money of this case was deposited into the account of this case, the defendant shall pay from the account of this case 1,057,427 won under the name of interest on the loan of this case and from the account of this case 1,195,847 won under the name of interest on the loan of this case (hereinafter "each of this case") / [the grounds for recognition] / The fact that there is no dispute, Gap 1, 2, Eul 1 to 9, and Eul 1 to 9, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) set off the Plaintiff’s claim against the interest claim on the instant loan and credit card payment claim with the deposit claim equivalent to the amount of the instant money deposited by the bankrupt as the passive claim. Since the Defendant bears the deposit obligation equivalent to the amount of the instant money after the bankruptcy was declared against the bankrupt, the said set-off is deemed to be the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”).