대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Defendant borrowed KRW 100 million from the Plaintiff on October 30, 2008 on the ground of the claim (hereinafter “the loan of this case”) does not dispute between the parties, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the above loan of KRW 100 million and damages for delay.
2. Judgment on the defense of performance
A. The Plaintiff: (a) around October 30, 2008, received a bribe of KRW 900 million from C (Articles 7 and 10 million in cashier’s checks); (b) around October 31, 2008, 80 million out of the cashier’s checks accepted as above, D Co., Ltd. (F, but changed on October 6, 2008; hereinafter “E”), as if it were investing in or lending to E Co., Ltd. (hereinafter “E”), prepared an investment agreement with G representative director and D’s KRW 1.5 billion in the name of E; (c) borrowed the above KRW 880 million in the name of E to E on condition that it would receive KRW 1.5 billion in the principal and agreement; and (d) did not lawfully receive KRW 205 billion in the name of the High Court and issued a fine of KRW 408,500 in the name of E and/or 2000 in the name of E and/or 2840,000.
(2) Meanwhile, the Defendant knew that the Plaintiff received KRW 800 million from C without any security, while borrowing KRW 100 million from the Plaintiff.