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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 the Defendant requires money to build multi-households, and on May 28, 2008, the Plaintiff leased KRW 25,000,000 to the Defendant at interest rate of 10% per annum. Since the Defendant paid KRW 2,50,000 for May 29, 2008, the Defendant is obligated to pay the Plaintiff the above loans and the damages for delay from June 29, 2009.
B. On December 15, 2006, the Defendant: (a) transferred KRW 50,000,000 to the Plaintiff on December 15, 2006, upon the Plaintiff’s recommendation, which was a real estate broker that the Defendant would make up two times when investing in real estate; (b) however, the Defendant
Accordingly, the defendant urged several times to return the investment principal of 50,000,000 won on April 21, 2008, and received 25,000,000 won as profits on May 28, 2008.
However, on May 29, 2008, the Plaintiff demanded compensation for profits and transferred to the Plaintiff KRW 2,500,000 on May 29, 2008, and the Defendant did not borrow money from the Plaintiff.
2. According to each of the records of evidence Nos. 3 and 4, it is recognized that the Plaintiff remitted KRW 25,000,000 to the Defendant on May 28, 2008, and that the Defendant remitted KRW 2,500,000 to the Plaintiff on May 29, 2008.
However, the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 10, 14 through 21, and 30 through 33, i.e., the following circumstances, i., ① there are considerable resources at the time when the defendant received the above 25,000,000 won, and there are no circumstances to lend money to the defendant; ② even if the plaintiff lent the above 25,000,000 won to the defendant and did not deduct the interest, the plaintiff paid in advance the interest amount of KRW 2,50,000 for the first year following the loan to the defendant, ③ the above 25,000,000 won as the plaintiff's assertion, if the plaintiff is the defendant's borrowed money and KRW 50,000,000 from December 15, 206.