1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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1. The judgment on the cause of the claim is that the Plaintiff loaned the Plaintiff a total of KRW 35 million to the Defendant on December 22, 2016, KRW 17 million on March 10, 2017, KRW 54 million on March 20, 2017, and KRW 54 million on March 20, 2017 (hereinafter “instant loan”). Thus, the Defendant is obligated to pay the Plaintiff the instant loan and the damages for delay, barring any special circumstance.

2. Judgment on the defendant's defense of set-off

A. The Defendant, the Defendant’s assertion-free, at the Plaintiff’s request, found a place of 10 times across the country from October 2017 to March 2017, and 250,000 won per time, and the special map cost is KRW 2.5 million per time. As such, the Defendant holds a special map claim against the Plaintiff (i.e., KRW 25 million x 10 times).

The period during which the above special term-based-based-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid

The Defendant expressed his/her intent to offset the above special term-based loan claim against the amount equal to the loan claim of this case by the delivery of a duplicate of the reply of this case. As such, 25 million won out of the loan claim of this case was extinguished on June 1, 2017, which is the set-off date.

B. The testimony of the witness C and the witness D of the first instance trial alone is insufficient to recognize the fact that the defendant holds the special design right against the plaintiff. Since there is no evidence to acknowledge the fact that the defendant holds the special design right against the plaintiff, the defendant's defense of set-off is without merit without further review.

C. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of KRW 54,00,000 as well as damages for delay calculated at the rate of 15% per annum from September 15, 2017 to the day of full payment, as the day following the delivery of a copy of the instant complaint, as the Plaintiff seeks.

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