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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 parties' assertion
A. On February 18, 201, the Plaintiff lent KRW 100,000 to the account held in the name of the Defendant and lent the money. On April 21, 2014, the Plaintiff urged the Defendant to pay the loan by sending a certificate to the Defendant by April 25, 2014, but the Defendant did not pay the loan. Thus, the Defendant is obligated to pay the Plaintiff the amount calculated by the ratio of KRW 100,000 and KRW 5% per annum as stipulated in the Civil Act from the day following the delivery of a copy of the complaint to the day of final payment, and the amount calculated by the ratio of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
B. The Defendant asserted that the Plaintiff was transferred KRW 100,000,000 from E on February 17, 2011 to E, and was transferred from February 17, 2011 to E to the Plaintiff’s account as a representative director from October 6, 2009 to March 10, 2014, and C was under title trust with the Plaintiff around October 13, 2009. However, the Plaintiff did not borrow money from the Plaintiff.
2. As to whether the Plaintiff lent KRW 100,00,000 to the Defendant on February 18, 2011, the fact that the Plaintiff wired KRW 100,000,00 to the account under the name of the Defendant to the Defendant does not conflict between the parties. Meanwhile, the following circumstances acknowledged by comprehensively considering the purport of the entire pleadings in the entries in the evidence Nos. 1, 6, and B Nos. 2 and 4, E and the Plaintiff, on February 12, 2011, prepared a share transfer and takeover contract with KRW 100,000 for the Plaintiff’s shares 20,000,000,000 for the Plaintiff’s shares issued to the Defendant on February 17, 2011, E transferred KRW 10,000,000 to the Plaintiff’s account under the name of the Defendant, and around February 17, 2010, the Plaintiff transferred to the Defendant on February 2010, 2010.