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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. According to the statement in Gap evidence No. 1, around May 2008, between the plaintiff and the defendant, the loan certificate of this case (hereinafter "the loan certificate of this case") with the following contents:
1.A loan of KRW 120 million and an arrangement shall be made as follows:
2. Date of payment: 12% per annum on May 3, 2009.
4. Method of payment: payment shall be made to the creditor on the 20th day of each month.
5. If not paid by the above date, the "C Loan Certificate on behalf of the borrower," which is an arrangement to assume any civil and criminal responsibility on behalf of the borrower, as a note.
A. It is recognized that the facts have been prepared.
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 120 million won and damages for delay calculated at the rate of 12% per annum from May 19, 2008, the day following the due date for repayment, to March 10, 2013, the day after the delivery of the copy of the complaint of this case to the defendant from March 10, 2013, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.
2. The defendant's assertion and judgment
A. The Plaintiff’s husband D and the Defendant’s husband C had established and operated a convalescent hospital from around 2007. Around May 2008, D asked C to prepare a loan certificate on the grounds that it is necessary to raise funds from the F Medical Corporation run by C. A, which only made C with a loan certificate in the name of the Defendant, and the Defendant merely borrowed KRW 120 million from the Plaintiff. Thus, the above loan certificate constitutes a false declaration of conspiracy and thus is null and void.
The amount of KRW 280,000,000 and KRW 120,000,000,000 on May 13, 2008, which was incurred on April 11, 2008, when medical facilities were operated jointly by husband D and building owner C in the H building building building in Busan Sin-gu, Busan, Busan, which was located.