대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff was paid KRW 20,000,000 with the defendant for the purchase and sale of C vehicle until November 21, 2013 (hereinafter "the contract amount of this case") but entered into an agreement with the defendant for the payment of KRW 50,00,000 including interest at the time of non-performance. Thus, according to the above facts of recognition, the defendant is obligated to pay the plaintiff a total of KRW 30,000,000 (= KRW 20,000,000,000) with the contract amount of this case, and KRW 10,000,000,000 including penalty, barring any special circumstance.
2. The defendant's defense is a defense that the contract amount of this case was fully repaid within the payment date, and the defendant paid 20,000,000 won in total as of November 24, 201, and 10,000,000 won as of November 28, 201, in full view of the purport of each of the entries and arguments set forth in subparagraphs 6-1 and 2 of subparagraph 6-1 of this case and all of the arguments, since the defendant's defenses of this case are proved to be that the plaintiff paid 10,00,000 won as of November 28, 201 (=10,000,000 won). Thus, the defendant's defense is with merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.