1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On October 19, 201, the Plaintiff: (a) on October 19, 201, leased KRW 1,1640,000 to the Defendant; (b) on March 25, 201; and (c) on January 18, 2012, the Plaintiff

(hereinafter “instant loan”). (b) The instant loan

On the same day, the defendant prepared the "Written Agreement on the Transfer of Motor Vehicles and Operation of Motor Vehicles for Transfer of Name" (hereinafter "each of this case") with respect to C motor vehicles owned by the defendant (hereinafter "the instant motor vehicle"), and each of the above written statements stated as follows: "I, on October 19, 201, borrowed KRW 13 million from the previous one as security of the motor vehicle and borrowed KRW 13 million in full until January 18, 2012 at the due date of the borrowed amount, and will make full payment of the borrowed amount. I agree that I will make all rights, rights, and waive the power of the motor vehicle. I will decide to cancel the establishment and seizure of the vehicle register. I agree that the debtor will immediately transfer the name of the motor vehicle after the completion and seizure of the collateral mortgage on the register of motor vehicles." The creditor stated as follows: "The debtor can not claim the ownership of the motor vehicle even if the debtor operates the motor vehicle until the seizure on collateral is terminated."

C. The Plaintiff received delivery of the instant vehicle from the Defendant in accordance with the instant letter, and used it.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Under the overall purport of the facts and arguments, prior to the determination of the cause of the claim, the Defendant is obligated to pay KRW 11,640,000 to the Plaintiff the principal of the instant loan, which the Plaintiff seeks, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that the following money arising from the delivery of the instant vehicle by the plaintiff is offset against the instant loan, since the plaintiff is obligated to pay it to the defendant.

(1) The instant automobile.