1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The fact that the Defendant agreed to pay KRW 1,00,000 to the Plaintiff by January 31, 2015 is not a dispute between the parties. Thus, the Defendant is obligated to pay the Plaintiff KRW 1,00,000 and delay damages after May 27, 2015 (the day following the delivery date of the instant payment order) as sought by the Plaintiff, barring any special circumstance.

2. The Defendant’s defense against the Defendant is a defense of offset. In full view of the purport of the entire pleadings as to the evidence Nos. 1 and 2 (including the paper numbers), the Plaintiff received a credit card “SK” in the name of the Defendant and received a credit card loan of KRW 4,80,000 on June 12, 2014, and the Defendant on April 10, 2015, by subrogation of KRW 3,013,181 out of the credit card loans on behalf of the Defendant.

According to the above facts, the Defendant acquired the claim amounting to KRW 3,013,181 against the Plaintiff on April 10, 2015. Since the Defendant’s written reply dated June 4, 2015, which stated the Defendant’s declaration of offset, is obvious in the record that it was served on the Plaintiff on June 12, 2015, the Defendant’s obligation under the above paragraph (1) was extinguished after being offset on the amount equal to the above claim amount on April 10, 2015.

Therefore, the defendant's defense is justified.

3. Judgment on the plaintiff's second defense

A. The Plaintiff’s content of the re-appeal also subrogated for the Defendant’s obligation to use the card amounting to KRW 7,635,098, and thus offset this by its automatic claim.

B. A set-off defense as a means of defense in court is a kind of preliminary defense, which is conducted on the premise that the existence of a set-off claim becomes final and conclusive, not a final and conclusive effect by the declaration of intent of set-off in court, but a case where the court makes a substantial judgment on set-off, such as the existence of a set-off claim in the lawsuit in question.

As to the defendant's defense of set-off in the lawsuit, the court below.