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1. The judgment of the court of first instance is modified as follows.
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 2,898,700 and also the Plaintiff (Counterclaim Defendant).
Reasons
1. The fact that the Plaintiff leased KRW 6,166,00 to the Defendant on November 27, 2014 that the Plaintiff determined the cause of the principal lawsuit was not a dispute between the parties.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 6,166,00 (hereinafter “instant loan”) and damages for delay.
2. Determination on the grounds of set-off and counterclaim against the principal lawsuit
A. On November 27, 2014, the summary of the claim 16,518,000 won was determined based on the claim for a loan of KRW 16,518,000. The Defendant loaned KRW 16,518,00 to the Plaintiff around November 27, 2014. From the above loan, the Plaintiff offsets the Plaintiff’s claim for a loan against the Defendant, and seek payment of KRW 10,352,00 in the balance of the loan (i.e., KRW 16,518,000 - KRW 6,166,000) against the Plaintiff as the instant counterclaim. (ii) The Defendant is obliged to pay the above amount to the Defendant, barring any special circumstance, since there is no dispute between the parties.
The plaintiff asserts that all of the above loans were repaid to the defendant.
Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 5, and 13, the following facts exist: (a) around November 27, 2014; (b) on November 27, 2014, the defendant prepared and issued a regular loan certificate stating "the debtor, the defendant, and the plaintiff" with respect to the loan of this case to the plaintiff on November 27, 2014; (c) the plaintiff filed a complaint against the defendant for fraud on the ground that the defendant did not repay the loan of this case; (d) the defendant was investigated by the investigative agency around June 24, 2015; and (e) the defendant lent money to the plaintiff several times and did not receive KRW 1 million (loan on January 7, 2015) and KRW 2 million (only August 8, 2014).