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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 that the defendant and the president of the Co., Ltd. (hereinafter "C") have been requested to lend money to the defendant as the representative director of the Co., Ltd. (hereinafter "C") and borrowed KRW 30,000,000 to the defendant under the joint and several guarantee of D on August 1, 2014. The defendant and D agreed to repay the above loan amount of KRW 30,000,000 by adding the above loan amount of KRW 20,000,000 to the above loan amount of KRW 30,000,000,000, but the defendant did not return it. The plaintiff asserted that the defendant did not pay the above amount of KRW 30,00,000 and the damages for delay calculated at the rate of 25% per annum under the Interest Limitation Act from August 1, 2014 to the date of full payment.
2. Determination:
A. In addition to the purport of the entire pleadings as to Gap evidence Nos. 2 through 4 and witness E’s testimony, it is recognized that the plaintiff remitted KRW 35,000,000 to E’s new bank account on August 1, 2014, and on the same day, KRW 30,000,000 out of the above money was deposited into the agricultural bank account in the F’s name that D used as borrowed account, and that KRW 10,000,000 out of the above 30,000,000 was remitted to the plaintiff on the same day.
B. Furthermore, there is no evidence to prove that the Plaintiff lent KRW 30,00,000 to the Defendant. Rather, in light of the fact that: (a) the Plaintiff was issued and delivered a loan certificate (Evidence A 1; hereinafter “instant loan certificate”); (b) the Plaintiff transferred KRW 30,000,000 to a bank account in the name of F when D had been used for a borrowed account despite the existence of separate corporate accounts; and (c) the Plaintiff prepared a deposit certificate stating that “D was paid KRW 30,00,000,000 to E” as the deposit certificate, which is recognized as being added to the entire purport of the pleadings as follows; and (d) in light of the fact that: (a) the Plaintiff was issued and delivered to D the Defendant’s name and the debtor; (b) the Plaintiff transferred KRW 30,000,000 to the bank account in the name of F.