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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The assertion of the party's intention
A. The plaintiff's assertion set the period of repayment to the defendant within one year from the date of lending, and the plaintiff's assertion amounting to 10,000,000 on January 30, 2009, and the same year
2. 120,000,000 won for 26.120,000
6. Loans totaling KRW 340,000,000 on October 14, 2010, and KRW 340,000,000 on October 14, 201. The Defendant lent to the Plaintiff KRW 20,000 on March 6, 2009; and the same year.
5. 10,00,000 won on December 31, 201 of the same year; KRW 60,000,000 on December 31, 201 of the same year; KRW 28,00,000 on December 3, 2010; KRW 64,50,000 on December 3, 201 of the same year; KRW 50,000 on March 3, 2011; and KRW 261,20,000 on March 28, 14 of the same year; and KRW 261,20,000 on a total of KRW 261,20,00 on December 14 of the same year.
Therefore, the Defendant shall pay to the Plaintiff the amount of KRW 78,800,000 and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 15, 201 to the delivery date of a copy of the complaint in this case from November 15, 201, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date.
B. The defendant's assertion does not have borrowed money from the plaintiff, and all the money claimed by the plaintiff as a loan was left at the time of the defendant, and the money is money again found.
2. Comprehensively taking account of the respective statements in Gap evidence Nos. 1 and 4 (including paper numbers), it is recognized that there was the existence of a loan certificate, monetary transfer, and the entry of the plaintiff's customer director in accordance with the plaintiff's above assertion.
However, in this case, according to the plaintiff's argument, the plaintiff lent money up to October 14, 201 and received the last repayment on December 14, 201. However, there is no evidence to urge the plaintiff to repay the money to the defendant until the lawsuit of this case was brought on April 27, 2016, which was last four years and four months from the time repayment was received, and the plaintiff's assertion continued to lend money even when the defendant did not fully repay the borrowed money. Thus, the creditor who did not receive the loan.