2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. (1) The plaintiff's assertion (1) on February 25, 2003, the defendant voluntarily withdrawn 14 million won from the bank account of the company operated by the plaintiff, and received the plaintiff's demand for payment, and on January 8, 2007, prepared and delivered a written statement of payment stating that the interest shall be settled later. The defendant paid 14 million won on the said written statement of payment from March 2008 to December 11, 201, but did not pay interest for the subsequent settlement. The defendant paid 14 million won on the said written statement of payment, but paid 14 million won in installments, and the interest for the subsequent settlement from February 25, 2003 to February 25, 2008 to February 25, 2008, the defendant is obligated to pay interest 40,431,4319 won and delay damages to the plaintiff.

(2) The defendant's assertion was prepared and sent a written statement of payment to D, and D transferred its claim to E on April 20, 2009, and accordingly, the defendant paid 2.5 million won to E. Thus, the plaintiff cannot respond to the plaintiff's claim.

B. According to the evidence No. 1, the judgment of the court below, although it is acknowledged that the defendant, around January 8, 2007, paid the loan 14 million won to E on or before July 31, 2007, a payment angle stating that interest shall be calculated on the next day (hereinafter “the payment note of this case”), it is not sufficient to acknowledge that the defendant prepared and delivered the payment note of this case to the plaintiff because the other party is not specified in the statement No. 1, and there is no evidence to prove that the plaintiff had interest claim amounting to 1.4 million won against the defendant. Rather, considering the whole purport of argument No. 2, No. 1, 2, and 4, the plaintiff’s wife D transferred the payment note of this case to E on or around April 2009, the defendant made the payment note of this case against the defendant and the defendant Eul made the payment note of this case against the defendant.