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1. Of the judgment of the court of first instance, the amount of KRW 18.5 million against the Defendant and its related amount shall be 5% per annum from February 2, 2018 to September 5, 2018.
Reasons
1. Claims and judgments as to the cause of the claim
A. The Plaintiff asserted that the Plaintiff lent KRW 20 million to the Defendant by remitting KRW 19 million after deducting KRW 10 million from prior interest on January 5, 2015, and KRW 9.5 million after deducting KRW 5 million from prior interest on February 25, 2015.
(Plaintiff asserts that he lent money to the Defendant on January 15, 2015. According to the Plaintiff’s evidence No. 6, the fact that the date of remittance of KRW 19 million is January 5, 2015 can be recognized. The foregoing “ January 15, 2015” appears to be a clerical error in the misunderstanding of “15 January 5, 2015,” and thus, the Plaintiff’s assertion is deemed as above).
The Plaintiff’s loan of KRW 19 million to the Defendant on January 5, 2015, and KRW 9.5 million on February 25, 2015 (hereinafter “each of the instant loans”) can be acknowledged by taking into account the overall purport of the pleadings in either Party Party A’s evidence and evidence No. 6, and evidence No. 4. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff a total amount of KRW 28.5 million and delay damages.
C. The Plaintiff asserts that, in addition to the above amount, the loan amount of KRW 1 million and KRW 500,000,000, which was deducted under the name of prior interest, was given to the Defendant. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on prior interest deduction or payment of interest regarding the loan as of January 5, 2015 and February 25, 2015. Thus, the Plaintiff’s allegation in this part is without merit.
2. The defendant's assertion and judgment as to it
A. Defendant’s assertion (1) Defendant’s defense of reimbursement: on February 5, 2015, the Defendant repaid KRW 10 million in total by paying cash in the amount of KRW 1 million and KRW 9 million in the amount of cash in the date and in the amount of cash in the amount of KRW 5 million by means of remitting the Plaintiff’s account under the Plaintiff’s name C.
(2) Preliminary set-off: If a claim for reimbursement of KRW 9 million paid in cash is not acknowledged, the Defendant bears the existing Plaintiff’s obligation to pay KRW 20 million.