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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. Since the Plaintiff lent KRW 200,000 to the Defendant, the Defendant is obligated to repay the above loan to the Plaintiff.
B. Even if the Plaintiff invested KRW 200,000,00 to the Defendant, the Defendant agreed to guarantee the principal as a condition of investment, and thus, the Defendant is obligated to return the said investment to the Plaintiff.
C. Meanwhile, around March 2009, the Defendant agreed to pay the Plaintiff KRW 100,000,000 out of the above KRW 200,000,000 within one year, and thereafter pay the remainder of KRW 100,000 to the Plaintiff.
2. Determination
A. Basic facts 1) From 1998 to 2002, the Defendant was enrolled at the Busan Mungsung University, and the Plaintiff was in office at the said university and became a leader of the Defendant during the said period. 2) On November 17, 2008, the Plaintiff transferred KRW 200,000 to a passbook under the name of the Defendant.
3) KRW 200,000,000, which was remitted to the passbook in the name of the defendant, was transferred to the account in the name of C, D, E, F, etc. over several occasions from November 18, 2008 to December 10, 2008. [Grounds for recognition] There is no dispute, and Party A’s 1, 2, and Party B’s 2 (including the number of serial numbers; hereinafter the same shall apply).
each entry, the purport of the whole pleading
B. The following circumstances are discussed: (a) the Plaintiff discussed various methods of making high profits including the Defendant and adult amusement room before remitting the above 200,000,000 won to the passbook in the name of the Defendant; (b) the above 200,000,00 won was transferred to several accounts immediately after the transfer; (c) the account holder or manager of the account was transferred to the account in the name of the Plaintiff, and the account holder or manager of the account was related to the “I” registered in the Geum-gu Busan, Busan, and the said money was also the business funds of the above adult amusement room.