1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On August 14, 2013, the Plaintiff entered into a personal credit loan agreement with the Defendant (hereinafter “instant loan agreement”) with a loan of KRW 40 million, interest rate of KRW 19.9% per annum, overdue interest rate of KRW 29.9% per annum, and period of repayment of KRW 36 months (e.g., equal repayment of principal and interest) and claimed that the Defendant lent KRW 40 million to the Defendant on the same day, and sought the return of money, such as the purport of the claim.

B. As to this, the Defendant did not conclude the instant loan agreement with the Plaintiff, and the third party did not conclude the instant loan agreement by stealing the Defendant’s name.

2. Determination as follows: (a) No. 1 (credit loan application) cannot be deemed as evidence because there is no evidence to prove the establishment of the petition; and (b) it is insufficient to recognize that the Plaintiff entered into the instant loan agreement with the Defendant solely on the basis of the evidence Nos. 2 and 3. There is no other evidence to acknowledge the Plaintiff’s assertion.

Rather, according to the witness B’s testimony, it is only recognized that B entered into the instant loan agreement by stealing the Plaintiff’s name, and used it by receiving the loan.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.