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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 10, 201, the Plaintiff, under his joint and several sureties by the Defendant, set the maturity of KRW 40 million on November 10, 201, and the interest column as a public column.
2. Judgment on the defendant's defense of payment
A. The defendant's defense is a defense that C has fully satisfied.
According to the evidence Eul evidence Nos. 12 (including paper numbers; hereinafter the same shall apply), it is recognized that ① the sum of KRW 38.6 million in the account under C’s name from January 31, 2013 to D’s account from January 31, 2013 to September 11, 2014; ② the sum of KRW 1,384,000 from Apr. 30, 201 to September 15, 2014 to the Plaintiff’s South East Eastern F’s account; ③ the account No. 238 (2) from the account No. 23, No. 330,000 to the Plaintiff’s account under the Plaintiff’s name from January 27, 2011 to August 20, 2014.
B. The Plaintiff asserted that, from December 13, 2012 to August 27, 2014, the Plaintiff engaged in the business with the trade name C and H “C”, and that the account under C’s name was the company’s private account; the money transferred to D’s account was the rent; and the money transferred to F’s account was the fee for the supply of human resources; and the money transferred to F’s account was the fee for the supply of human resources; and the loan was not repaid.
The evidence No. 4 submitted by the Plaintiff only “the details of withdrawal transactions” during a certain period of time among the details of transactions in a specific account, and thus, the probative value of the details of monetary transactions between the Plaintiff Defendant C cannot be recognized.
According to Gap evidence Nos. 23 and Eul evidence Nos. 23 and 2, it is recognized that Eul, a business operator of "I, received rent of 1.8 million won from the business operator (C) of "H" on Jun. 30, 2014; ② The tax invoice for supplier storage was printed; ② the business operator of "H" was D; ③ the change was made on December 13, 2012; ③ the opening of the main point of the trade name "K" in the North-gu Seoul Metropolitan GovernmentJ on Aug. 31, 2010; and closing of the business on Oct. 28, 2014.
C. First, determination 1 above 2.B.
The fact alone is that C is “H”.