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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. From July 16, 2014 to December 1, 2016, the Plaintiff’s summary of the Plaintiff’s assertion lent a total of KRW 32.1 million to the Defendant.
Therefore, the defendant is obligated to pay to the plaintiff the above loan 32.1 million won and damages for delay.
B. According to the statement in Gap evidence No. 1, the Plaintiff’s account from the Plaintiff’s name to the Defendant’s name account, KRW 10 million on July 16, 2014, and the same year.
8. The fact that each transfer was made in the amount of KRW 10 million on November 25, 2015, KRW 10 million on November 25, 2015, KRW 1500,000 on September 6, 2016, and KRW 600,000 on December 1, 201 of the same year is recognized.
However, in light of the following circumstances, i.e., there is no circumstance to deem the Plaintiff to have received partial payments from the Defendant as the principal or interest, and there is no circumstance to deem that the Plaintiff demanded the Defendant to repay the said money for a considerable period from the date the said money was transferred to the Defendant from the date of the instant lawsuit, to the date of the instant lawsuit, and there is no evidence to support the fact that the Plaintiff and the Defendant did not prepare a loan certificate regarding the said money, and no additional materials to support the Defendant that the said money was remitted to the Defendant have been submitted, each of the above statements in subparagraphs 1 through 4 (including each serial number) are insufficient to deem that the transferred money was leased to the Defendant, and there is no evidence to prove otherwise.
Therefore, the plaintiff's above assertion is without merit.
2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.