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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a stock company established on November 15, 200, and the representative director of the Plaintiff was C until July 30, 2009, and around that time, D, the wife of C, was registered as the representative director of the Plaintiff.
From the end of February 2003, the Defendant was in the same business relationship with C, such as purchasing land from the window E of Changwon-si and one parcel of land for the purpose of establishing a motor vehicle environment research institute with the above representative director C from the end of the Plaintiff, and completing the registration of transfer of ownership of shares on February 16, 2004.
B. On March 18, 2009, the Plaintiff borrowed KRW 100 million from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as collateral for Defendant and C’s co-owned land (hereinafter “instant loan”), deposited KRW 9,950,000 from the said bank on the same day, and remitted KRW 98,452,000 from March 19, 200 to the Defendant’s account.
C. On March 19, 2008, the Defendant and C prepared and rendered the following certificates of borrowing (No. 1; hereinafter “the instant certificate of borrowing”) to the Plaintiff.
The loan certificate shall be borrowed on a daily basis (100,000,000) basis, subject to the following conditions:
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1. The loan period shall be up to the date on which it is borrowed (which shall not be identified);
2. Interest on loans shall be 8.386% per annum on loans and shall be subject to the fluctuation rate.
3.In the event that interest under paragraph 2 above is not paid, the sum of the interest in arrears and the principal shall be the amounts borrowed.
The borrower of March 19, 2008: (a) The borrower of March 19, 2008: (b) the plaintiff (Signature) had no dispute over the ground for recognition; (c) the facts that there is no dispute over the grounds for recognition; (d) Gap's evidence 1, 2; (e) Eul's evidence 1-1 and 2; (e) the witness's witness C's partial testimony; and (e)
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 100 million in the loan certificate of this case and damages for delay.