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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the main argument
A. The Plaintiff’s summary of the Plaintiff’s assertion was leased KRW 20,100,000 in total to the Defendant from August 24, 2011 to December 17, 2012 by the following methods. As such, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 20,100,000 and delay damages.
The payment method of the date amount of the bank account transfer of KRW 3,00,000 on August 24, 201, the account transfer of KRW 3,500,000 on December 14, 2011, and the cash transfer of KRW 3,000,000 on December 30, 2011, the cash transfer of KRW 3,500,500 on December 30, 2011, shall be made on December 12, 2012, the household check of KRW 1,000,000 on January 5, 200, 200,000 household check of KRW 6,5,000 on June 14, 2012, the bank account transfer of KRW 00,000 on KRW 100,000; and
B. 1) On May 12, 2011, the Plaintiff is deemed to be the Plaintiff’s land of this case from Jeju-si D 298 square meters (hereinafter “instant land”).
(2) The contract deposit amounting to KRW 18,000,000 on the date of the contract and the remainder of KRW 162,00,000 on June 30, 201. The contract was concluded to pay the remainder of KRW 162,00,000 on the date of the contract (hereinafter referred to as the “instant contract”).
(2) On May 15, 201, the Defendant lent KRW 18,000,00 to C by means of account transfer of KRW 18,000,000. 2) On March 12, 2012, the Defendant filed a lawsuit against C and E seeking the return of down payment under the Jeju District Court Decision 201Ga3516, and filed the lawsuit against C and E on March 12, 2012, and paid interest and delay damages thereon to the Defendant on May 15, 2012, and E jointly and severally with C (hereinafter “instant judgment”), and the instant judgment became final and conclusive as it is on June 1, 2012.
3) On March 11, 2016, the Defendant filed an application for a compulsory auction for the instant land with the title of execution, and received a decision of compulsory commencement of real estate enforcement from Jeju District Court F on March 11, 2016. Since then, the Defendant received reimbursement from E in total of KRW 51,629,000 for the principal amount of the instant judgment claim and damages for delay. 4) The Plaintiff from August 24, 201 to December 17, 2012.