대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 28, 2015, the Plaintiff’s assertion entered into a loan agreement with the Defendant to lend KRW 100,000,000 to the Defendant at interest rate of 30% per annum and on January 26, 2016. The Plaintiff’s agent paid the above loan by means of remitting money to the Defendant and the Defendant’s agent, who is delegated the right to receive KRW 100,000,000, at the request of D.
Therefore, the defendant is obligated to pay to the plaintiff 97,00,000 won with the exception of the amount of KRW 3,000,000 which was refunded out of the above loan 1,00,000 and the agreed interest or delay damages.
2. First of all, according to Gap evidence Nos. 1, 5, and Eul evidence Nos. 5, the defendant puts his/her signature and seal on July 28, 2015 on the "rent 30% (payment on July 30, 2015) of interest rate of KRW 10,000,000 per annum (payment on January 30), and on January 26, 2016, the maturity of payment period of KRW 30,000 on the "rent 30,000"; C received KRW 97,00,000 from the deposit account of Dong-gu, Dong-gu, Inc. on July 28, 2015 to its deposit account; and the fact that the remittance of KRW 3,00,00 to E judicial scrivener on July 28, 200, KRW 300,000, KRW 300,000, KRW 405,705,7,2000.
However, as alleged by the plaintiff, as to whether D was authorized to receive loans from the defendant and whether C paid loans to the defendant and his designated persons at the request of the defendant and D by means of remitting the above money, etc., in light of the statement of Nos. 6, 7, 8, and 10 as well as witness K's testimony, it is difficult to believe that each statement of Nos. 6, 7, 8, and 10 as well as witness C's testimony is consistent with the plaintiff's assertion, and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's above assertion is without merit.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is ordered as per Disposition.