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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On March 30, 2016, the Plaintiff lent KRW 5,000,00 to the Defendant at an interest rate of KRW 3% per month, and on June 30, 2016, the period of repayment was June 30, 2016. The Plaintiff lent KRW 5,00,000 to the Defendant at an interest rate of KRW 3% per month, and on March 11, 2017.
B. The Defendant did not repay the above loan, and on June 28, 2017, the Plaintiff urged the Defendant to pay KRW 10,000,000 to the Defendant by July 13, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,000,000 for loans and the damages for delay calculated at the rate of 25% per annum from July 14, 2017, which is the delivery date of the copy of the instant complaint, to September 14, 2017, as the Plaintiff seeks, within the scope of the agreed rate from July 14, 2017, and from the next day to the date of full payment.
3. The defendant's defense is a defense that the defendant's credit against the plaintiff is offset against the above plaintiff's credit.
However, there is no dispute between the parties that the plaintiff did not pay 5,600,000 won in total to the defendant who is the principal debtor four times until June 30, 2017, even though the plaintiff received the fraternity by joining the Defendant’s management system, and the facts that the plaintiff served the plaintiff on February 1, 2018, indicating the intent of the offset, are apparent in the record.
However, the Plaintiff received KRW 4,680,000 from the Defendant on July 31, 2016 ( KRW 10,800,000 on the day - KRW 100,000 on the day meal expenses - KRW 1,00,000 on the day - KRW 11,680,000 on the day). However, the Plaintiff received KRW 4,680,00 on the day, and received KRW 9,70,000 on August 31, 2016 ( KRW 11,00,000 on the day - KRW 10,00 on the day - KRW 10,100 on the day - KRW 1,100 on the day - KRW 1,00 on the day - KRW 1,00 on the day 160,000 on the day - KRW 1,100,01 on the day 16,000 on the day.