대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts relation;
A. On February 13, 2004, the Defendant is the Jongno-gu Seoul 9th floor building (hereinafter “instant building”) on the nineth floor of the ground of Jongno-gu Seoul 13, 2004.
(2) On February 10, 2006, the Defendant extended the monthly rent of KRW 350,000,000, monthly rent of KRW 2 million, monthly management fee of KRW 900,000, and the lease period from February 21, 2004 to January 31, 2006 to KRW 1,000,000. (2) On February 10, 2006, the above lease contract was renewed by February 13, 2009, and extended the monthly rent of KRW 3.5 million, monthly management fee of KRW 1.5 million, and monthly management fee of KRW 1.5 million.
3) D decided to lease an additional 102 of the first floor of the instant building in addition to subparagraph 103 of Article 103, and transferred a total of KRW 40 million on August 10, 2012 and KRW 60 million on November 8, 2012 to the Defendant as a security deposit increased. The Defendant and D transferred a total of KRW 10 million on September 1, 2012 to the Defendant as well as KRW 103 and 102 of the underground floor owned by D (hereinafter referred to as “F”).
B) A lessee entered into a lease agreement with 90 million won, monthly rent of 5.35 million won (excluding KRW 103,850,000, KRW 102, KRW 102, KRW 1500,000, KRW 1500,000, KRW 1650, KRW 102, KRW 502, and value-added tax separately), monthly management expenses (excluding KRW 103,000, KRW 1650, KRW 102, and KRW 500,000). B. The preparation of the loan certificate of this case 1) as to the 103 building of this case was renewed by February 13, 2009, D paid KRW 70,000 as additional lease deposit to the Defendant on October 30, 2009.
However, on October 30, 2009, the above KRW 70 million was not reflected in the lease contract, and the defendant prepared a certificate of loan with the purport of "temporary loan of the above money to the plaintiff as free of interest" (hereinafter referred to as "certificate of loan in this case").
2) On July 24, 2012, the Plaintiff borrowed KRW 51,755,973 from July 24, 2012, and transferred KRW 51,755,973 among them to ASEAN by eight times until August 9, 2012. 3) The Defendant changed the other party to the issuance of the instant loan certificate from D to the Plaintiff on August 10, 2012.