The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. On July 25, 2010, the Plaintiff asserted that on July 25, 2010, the Plaintiff lent KRW 80,000,000 to the Defendant with interest rate of 12% per annum. The Defendant asserted that there was no fact borrowed as alleged by the Plaintiff.

2. Facts recognized;

A. On June 18, 2010, the Plaintiff remitted KRW 61,544,747 to the Defendant, and the Plaintiff stated “B (Defendant)” in the transaction records of the passbook.

B. On July 20, 2010, the Defendant remitted KRW 90,000 to the Plaintiff.

C. On September 13, 2010, the Defendant created the right to collateral security (the maximum debt amount of 80,000,000) with the real estate owned by the Defendant as joint collateral against the Plaintiff.

(hereinafter referred to as each of the instant mortgages) D.

During 15 times from August 25, 2010 to January 31, 2012, C paid 800,000 won each time between the Defendant’s or Defendant’s employees under the direction of the Defendant.

E. On July 23, 2014, the Plaintiff did not have any money distributed on the basis of each of the instant collective security rights in the process of auctioning each of the instant collective security rights (this Court Decision 2013Kaca2023).

[Grounds for Recognition] Unsatisfy, Gap evidence 3 through 6, Eul evidence 1 to 4, Eul witness's partial testimony, the purport of the whole pleadings

3. The plaintiff alleged the cause of the plaintiff's claim, in particular, among the facts acknowledged in paragraph (2) of the above paragraph, asserts that: (a) the plaintiff remitted KRW 61,54,747 to the defendant; (b) the fact that the plaintiff was stated as the defendant's rent at the time of the above transfer; (c) the fact that the defendant was established with the maximum debt amount of KRW 80,000,000 from the defendant; and (iv) the defendant deposited KRW 800,000 to the plaintiff over 15 times on July 25, 2010; and (b) the fact that the plaintiff lent KRW 80,00,000 to the defendant on a yearly basis

4. Judgment on the plaintiff's assertion

A. In light of the above-mentioned facts and sources, and the defendant's assertion, the following points known, namely, the amount and the plaintiff alleged that the plaintiff lent.