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1. The Defendant’s KRW 5,00,000 and the following day shall be 5% per annum from November 5, 2016 to February 8, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, upon receipt of a loan certificate from the Defendant, lent to the Defendant the amount of KRW 20 million on March 19, 2015, KRW 30 million on April 9, 2015, KRW 40 million on May 13, 2015, and KRW 10 million on May 21, 2015, respectively. The Plaintiff, without having written a loan certificate, lent to the Defendant KRW 6 million on June 5, 2015 (a total of KRW 16 million).
Although the Defendant initially asserted in the preparatory document dated November 27, 2016 that the said money was not a loan, the Defendant acknowledged the obligation of return on the premise that it was a loan in the preparatory document dated June 14, 2017.
B. The Defendant partially repaid the Plaintiff the sum of KRW 3 million on April 16, 2015, KRW 6 million on June 26, 2015, KRW 25 million on July 11, 2015, KRW 11 million on July 14, 2015, KRW 61 million on July 6, 2015, KRW 61 million on July 14, 2015, and KRW 5 million on July 30, 2015.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the balance of 4.5 million won (=16 million - 61 million - 61 million) of the loan and damages for delay.
B. The defendant's defense 1) is alleged to have extinguished by an offset by agreement with the plaintiff, so the following facts can be acknowledged in full view of the following facts in light of each statement in Eul, Eul's 3, Eul 4 through 8, 16 through 20 (including each number), and the witness's testimony in Eul's testimony. Each statement in the evidence Nos. 9, 10, and 11 is insufficient to reverse this, and there is no other counter-proof. According to the above facts, according to the above facts, 4 million won out of the defendant's loan remaining debt against the plaintiff was extinguished by an offset by the agreement with the plaintiff, the defendant's defense against the plaintiff and the plaintiff's representative director D (hereinafter referred to as "foreign company").