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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The fact that the Plaintiff lent KRW 1,00,000 to the Defendant on August 27, 2015, which determined the cause of the claim, does not conflict between the parties.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,00,000 and 15% interest per annum from June 27, 2017 to the date of full payment following the delivery of the instant payment order, as sought by the Plaintiff.
2. Judgment on the defendant's argument of set-off
A. The summary of the Defendant’s assertion of set-off: (a) on October 21, 2014, the Plaintiff lent KRW 1,000,000 to the Plaintiff by lending the office interior expenses (such as the replacement of lighting, etc.); (b) on February 2, 2015, upon the Plaintiff’s request, the Plaintiff remitted KRW 2,00,000 to C that was engaged in the Plaintiff and Thai Golf Golf Business; (c) on February 13, 2015, the Plaintiff transferred KRW 60,000 to the Plaintiff by lending female employees’ benefits; and (d) on September 26, 2015, the Plaintiff lent KRW 20,000 to the Plaintiff by having the Plaintiff lent it necessary to meet the transportation expenses.
Therefore, the Defendant holds a loan claim amounting to KRW 3,800,000 (= KRW 1,000,000,000) to the Plaintiff, and thus, the said loan claim is set off against the Plaintiff’s loan claim amounting to KRW 2,00,000.
B. Determination 1) According to the Defendant’s assertion of set-off No. 3, the fact that the Defendant remitted KRW 1,00,000 to the Plaintiff on October 21, 2014 is recognized. However, according to the entries in the evidence No. 10 through 12, the office that the Defendant asserted was leased around February 2015, and the Plaintiff was the Defendant and the lessee was the Defendant, and the Plaintiff sent KRW 1,00,000, which is part of the test cost, to E, the time of sending KRW 1,00,000, out of the test cost, is recognized as being February 16, 2015 and considering these facts, the evidence No. 7 (the date of check is not indicated) is not indicated.
Section B shall be written in each E-certificate from among the evidence of subparagraph 12, and each video of Section B from No. 8.