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1. The Defendant’s KRW 24,181,00 for the Plaintiff and 5% per annum from February 25, 2013 to March 18, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is the subject of the award of KRW 50,00,000,000, which is composed of 25 members, who are operated for a period from February 24, 2011 to February 25, 2013, and the Defendant received KRW 50,90,000 as a member of the said fraternity on July 25, 201, but did not pay KRW 230,000,00 per month of the deposit amount from November 24, 201 to February 24, 2013.
B. On July 22, 2011, the Plaintiff lent KRW 20 million to the Defendant, and the Defendant from July 28, 2011 to the same year.
9. Until 28.28, a total of KRW 11.7 million was repaid.
C. Meanwhile, the Defendant, on July 22, 201, joined an additional account with the first unit of the said fraternity on July 24, 201, paid KRW 16,319,00 in total for nine months until October 24, 201, and withdrawn from the said fraternity as of November 24, 2011.
The Plaintiff, in sequence, offsets the Defendant’s claim on the total amount of KRW 8.3 million and the total amount of KRW 32.2 million against the Defendant, and the Defendant’s claim on the refund of the deposit amount against the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff 24,181,00 won the remainder remaining after offsetting the total amount of KRW 32,200,000, and 5% per annum under the Civil Act from February 25, 2013 to March 18, 2015 when the original copy of the instant payment order was served on the Defendant, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. The defendant alleged that there is a debt owed to the plaintiff, but it does not meet the amount of the claim asserted by the plaintiff, but there is no evidence to acknowledge it, and the above assertion is not accepted.
3. Conclusion