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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Upon C’s request for lending money, the Plaintiff deposited KRW 50,000,000 in the D’s account designated by C on March 23, 2012, and KRW 30,000,000 on March 30, 2012.
B. On March 29, 2012, the Plaintiff was issued and delivered a loan certificate of KRW 80,000,000 and the repayment date as of August 29, 2012 by C.
Since then, in order to secure the above loan obligations against the Plaintiff, the Promissory Notes amounting to KRW 80,00,000, the due date for payment on August 29, 2012, and the issuer-invested Energy Co., Ltd. were written. C, on April 2, 2012, a notary public issued and delivered the said Promissory Notes’s authentic deed to the Plaintiff in the capacity of the issuer’s agent at the law firm Taebu Office.
On April 27, 2012, the Plaintiff deposited 50,000,000 won in the account of C and lent the said amount.
C. On May 25, 2012, C expressed to the Plaintiff the intent to pay KRW 50,000,000 to the above borrowed amount, and paid KRW 20,000,000 by cashier’s checks. The remainder of KRW 30,00,000 was issued and delivered to the Plaintiff by May 29, 2012.
Since then, on September 19, 2012, the Plaintiff filed a lawsuit seeking payment of KRW 110,000,000 remaining loans against Ulsan District Court 201 Gohap6970 on September 19, 201, and the said court rendered a favorable judgment on June 19, 2013.
Although C filed an appeal against the above judgment, on November 21, 2013, the judgment dismissing an appeal was rendered (Seoul High Court 2013Na5428) and the above judgment became final and conclusive as it is.
E. On April 5, 2012, the Defendant entered into a contract with E to purchase real estate listed in the separate sheet owned by E (hereinafter “instant apartment”) at KRW 155,00,000 (the contract amount of KRW 15,000,000, intermediate payment of KRW 40,000,000, and the remainder of KRW 100,000,000).
F. Under the sales contract for the apartment of this case, KRW 15,00,000 and the intermediate payment of KRW 40,000,000, respectively, are from the Defendant’s account in F.C. before the conclusion of the said sales contract.