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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 following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, evidence 2-1, evidence 2-2, evidence 7-1 through 5, evidence 8-1, 2, evidence 9, evidence 5-1, and evidence 5-2:
The Defendant lent KRW 250,00,000 between October 7, 2008 and January 26, 201 to the Plaintiff and the Plaintiff’s ASEAN, but did not receive payment. On January 17, 2012, the Defendant filed a lawsuit against the Plaintiff and the Plaintiff’s ASEAN for the claim for loans (hereinafter “prior lawsuit”).
B. On October 12, 2012, the prior suit pending, the Defendant submitted an application for modification of the purport of the claim and the cause of the claim to the effect that “the Defendant lent KRW 250,000,000 to C between May 2008 and February 9, 2009, and received a loan certificate from the Plaintiff and C on February 9, 2009, and thereafter, the Plaintiff and C were not repaid additional KRW 130,000,000, but did not receive it.” Thus, the Defendant submitted an application for modification of the purport of the claim and the cause of the claim.”
C. Meanwhile, the Plaintiff paid KRW 60,00,000 to the Defendant three times on May 28, 2010, May 29, 2010, and November 15, 2010.
On April 11, 2013, the Defendant: (a) purchased KRW 300,000,000,000 owned by the Plaintiff for KRW 1,435 square meters (hereinafter “instant land”); (b) concluded a sales contract with the Plaintiff to pay the down payment of KRW 300,00,000 on the day of the contract; and (c) completed the registration of transfer of ownership in the Defendant’s name as the Defendant’s name on April 11, 2013, as Songwon District Court’s receipt No. 10255, Apr. 16, 2013, as to the instant land.
E. On May 31, 2013, the Defendant withdrawn the prior suit.
2. Summary of the parties’ assertion
A. In order to repay the remainder of KRW 190,00,000 after deducting the amount of KRW 60,000,000,000, which was subrogated by C at KRW 250,000,00, which was borrowed by C from the Defendant, the Plaintiff borrowed from the Defendant.