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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. On February 2, 2010, the Plaintiff asserted that: (a) lent KRW 92 million to the Defendant; (b) paid KRW 2 million per interest per month; and (c) agreed on June 12, 2010 on June 12, 2010, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 92 million plus KRW 8 million, out of the interest.
2. Determination
A. On February 2, 2010, the Defendant: (a) borrowed KRW 92 million from the Plaintiff; (b) paid KRW 2 million each month as interest from March 2, 2010 to June 12, 2010; (c) paid KRW 3 million each month from March 2, 2010 to May 12, 201; and (d) paid KRW 83 million on June 12, 2010 to complete payment (=92 million - 3 million x 3 million). Accordingly, on the same day, a notary public signed a contract for monetary consumption and borrowing and lending with the same content as C’s certificate No. 63 as of June 2010.
2) On February 5, 2010, the Plaintiff and the Defendant agreed to repay the loan amounting to KRW 100 million, and KRW 500,000,000 from March 5, 2010 to May 5, 2010, and on June 5, 2010, a notary public entered into a contract for monetary consumption lending and lending with the above content as the No. 67 of the certificate of law firm C as of June 2010.
3) From March 5, 2010 to May 24, 2011, the Defendant repaid KRW 67,345,00 to the Plaintiff, and the Defendant’s East D assumed the Defendant’s obligations against the Plaintiff around that time.
4) Meanwhile, on August 25, 2007, the Defendant leased land in Bupyeong-gu Incheon, Incheon, and newly built six vinyls (hereinafter “the instant vinyls”) on the ground. On February 1, 2010, the Defendant attempted the said vinyls to the Plaintiff, each of the instant claim for return of deposit money for lease to E, the indoor house outside the plastic house, and the said plastic house to D on July 28, 2010.
5) The Plaintiff asserted the right to the said vinyl and occupied it, D and the lessee G of the said land filed a lawsuit against the Plaintiff seeking the delivery of the said vinyl (Seoul District Court Decision 201Gadan 42217), and October 31, 2012, the Plaintiff filed a lawsuit against the Plaintiff (i.e., KRW 32,655,000 from D and G).