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

However, since 3-4 months have passed since the credit card issued by the defendant, the balance in the defendant's passbook could not be used due to lack of balance.

On July 2011, the Plaintiff demanded the Defendant to return money borrowed from the Defendant’s credit card, and the Defendant decided to pay in kind with land. However, the Plaintiff refused to pay in kind with land, knowing that it was calculated at a low price without any ground.

Although the defendant intended to sell land in return for money, he did not sell it at a price below the market price.

In the Plaintiff’s demand, the Defendant paid KRW 10 million to the Plaintiff during the period of 2014, and around August, 2015, the Plaintiff borrowed KRW 1.5 million additionally from the Plaintiff, and around May, 2016, the Plaintiff drafted an agreement to pay KRW 315 million to the Plaintiff by introducing the Plaintiff’s demand that “A person is a lawyer and has not lost once,” on the ground that he/she is a security clause for his/her in-house South-North Korea, as a collateral. There are many moneys, and there are lots of land.”

However, C was not an attorney-at-law and did not have money, and the pented building that the defendant agreed to sell was not owned by the defendant.

피고가 했던 말은 대부분 거짓으로 처음부터 원고 돈을 가로챌 마음을 먹고 있었던 것이므로, 피고는 원고로부터 받은 3억 1,150만 원을 주위적으로 불법행위로 인한 손해배상으로 지급할 의무가 있고, 예비적으로는 대여금으로 원고에게 반환할 의무가 있다.

2. Determination

A. The following facts, consistent with the Plaintiff’s assertion, do not conflict between the parties, or each statement in Gap’s Evidence Nos. 1 through 6, 10, 11, 12, 14, 24, 26, Eul Evidence Nos. 1 and 2, witness C’s partial testimony, and fact inquiry at the Gangnam-dong Branch of the Bank against this court.