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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts as follows, and requests the defendant to implement the procedure of reporting on the payment of money and succession to the status of the restaurant business as stated in the attached Form.
In other words, on April 22, 2014, the Plaintiff borrowed KRW 20,00 from the Defendant, and issued a business registration certificate, card size, and real estate lease agreement of D, which the Plaintiff operated as a security, to the Defendant, and changed the status of the proprietor of the above restaurant to the Defendant.
The Defendant agreed to pay the lessor the monthly rent of the above restaurant from the credit card settlement money deposited into the Defendant’s account among the sales of the above restaurant, and to pay the Plaintiff the balance remaining after deducting the principal and interest of the loan.
However, the Defendant did not lend KRW 20 million to the Defendant, and the Defendant did not pay monthly income even if paid KRW 25 million to the Defendant’s account out of the above restaurant business revenue.
Therefore, the defendant is obligated to return the above D cafeteria to the plaintiff again, and the defendant is obligated to perform the procedure for filing a report on succession to the status of the business operator, and the credit card sales amount of KRW 25 million received from the defendant's account shall be returned to the plaintiff
However, according to the statement in Eul's evidence Nos. 1 through 5, the defendant, according to a loan agreement of 20 million won on April 22, 2014, transferred KRW 1500,000 to May 30, 2014, and paid KRW 2.5 million as a check. The defendant calculated interest on money transactions between them and paid KRW 6 million until June 2, 2014.
Therefore, the Plaintiff’s assertion on the premise that the Defendant did not pay KRW 20,000,00 which the Defendant promised to lend is without merit.
In addition, there is no evidence that credit card payment amounting to 25 million won has been deposited in the defendant's account, and according to the statement of Eul No. 10, the defendant is acknowledged to have been deposited into his own account.