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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 parties' assertion
A. The plaintiff's assertion that on May 31, 2005, the plaintiff was paid KRW 12,765,309,000 among the loans of this case by the defendant, and the defendant asserted that the plaintiff's father B had the remaining loans of KRW 30,000,000, but there is no evidence to acknowledge it. The plaintiff's passbook (C) executed by the above loans is not established by the plaintiff, but the defendant's employee opened and used at his own discretion. The defendant's employee embezzled KRW 30,00,00 by using the passbook of this case. Thus, the defendant should return the above KRW 30,000 and the total of KRW 42,765,309,000 received from the plaintiff as interest, and the defendant should return to the plaintiff KRW 42,765,309.
B. The Defendant alleged that the Defendant repaid KRW 10,00,000 to B the Defendant’s employees KRW 40,000 to KRW 5,08,710 as the principal and interest of the instant loan, KRW 441,180 as the creation cost of the right to collateral security on the instant loan, KRW 4,550,110 as the Plaintiff and B’s family-related loan interest (= KRW 5,008, KRW 710 as the Plaintiff’s family-related loan interest amounting to KRW 4,50,000, KRW 441,550,110 as the Plaintiff’s family loan interest amounting to KRW 5,00,000, KRW 30 million.
2. Facts of recognition;
A. The Plaintiff’s passbook (C) was opened on November 3, 2001. The Plaintiff’s father, the Plaintiff’s father, verified the Plaintiff’s seal and identification card, and the Defendant’s employee confirmed it, and the Defendant’s employee substituted the Plaintiff’s signature on behalf of the Plaintiff in the application for deposit transaction (Evidence A7).
B. According to the specification of transactions of the passbook of this case (Evidence A No. 8), the Plaintiff stated that from March 7, 2002 to May 31, 2005, the date of the loan of this case, from May 31, 2005, the Defendant received the loan from the Defendant as follows, and the loan was immediately withdrawn, and there is also a small amount of 18 occasions payment statement.
On March 7, 2002, 106,00,000,101,340,000 on June 7, 2002, 100,000,000,000 on June 7, 2003, 30,000,000 on July 10, 2002; 30,000,0000,000 on July 30, 300,000 on July 15, 2004, 40,000,000 on July 40, 15, 2000, 40,000,005 on August 28, 200, 110,000,110,0000,000 on June 10, 200;