대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The party's assertion
A. On June 14, 201, the Plaintiff asserted that: (a) through the Defendant’s internal director C, lent KRW 130 million to the Defendant via the Defendant’s internal director C with the maturity of KRW 5 million on October 31, 2011; and (b) obtained the Defendant’s personal seal impression on a door-gu promissory note with the Defendant’s name stamped as evidence; and (c) the Defendant’s personal seal impression of the Defendant’s representative director D’s representative director D; and (d) the Defendant is obligated to pay the Plaintiff the instant loan KRW 130 million and delay damages therefrom.
B. On June 7, 201, the Defendant asserted that the Defendant received a promissory note of KRW 150,000,000 from E in the ordinary transactional relationship with E in total as the construction cost as shown in the attached Form, and via C, written and delivered a promissory note of KRW 150,00,000 in order to secure the payment of the said promissory note in preparation for the default of payment. The Defendant issued a notarized letter of delegation to the Plaintiff’s relatives as the agent.
Since then, the Defendant received the said discount amount from the Plaintiff, and thereafter, the Plaintiff was in default on a promissory note number G 30 million won among the promissory notes discounted by the Plaintiff, and the Defendant claimed the payment thereof to the Defendant, and the Defendant repaid KRW 30 million to the Plaintiff on October 6, 2012.
C The amount of KRW 60 million deposited into the Defendant’s account on June 14, 2011 is paid to C several times due to the H’s transaction with H operated by C, and KRW 4050,050,000,000,000,000,000,000 won, which was paid to C at a discounted rate, is paid as part of the discount.
Plaintiff
As alleged, the Defendant did not borrow the instant loan from the Plaintiff.
2. Determination:
A. First of all, whether the Defendant borrowed the instant loan from the Plaintiff, or not, the Defendant borrowed the instant loan from the Plaintiff as alleged by the Plaintiff.