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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 Plaintiff alleged that the Plaintiff lent KRW 100 million to the Defendant on July 1, 2017 due to the cause of the instant claim, and sought reimbursement of the loan against the Defendant.
2. In light of the following circumstances, it is difficult to acknowledge the authenticity of No. 1, and the statement of No. 2 is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it. The Plaintiff’s assertion is without merit.
① The Plaintiff specified the rental date in the instant complaint as “ July 1, 2017”.
However, according to the evidence Nos. 2 and 1 evidence Nos. 2 and 1, the plaintiff filed a claim against the defendant for the loan withdrawn after the plaintiff filed a lawsuit against the defendant (this court 2017da14076), the complaint of the case of the loan withdrawn by the lawsuit was specified as "the loan amount of KRW 35 million on Jan. 5, 200, KRW 35 million on Feb. 10, 200, KRW 35 million on Feb. 30, 200, KRW 35 million on March 4, 200, and KRW 15 million on the lease date," and this court's request for explanation as to the date of the loan No. 2000s, and the plaintiff responded to "the first half of the 2000s, and July 1, 2017, it is difficult to view that the point of time of lending money was specified in the plaintiff's argument."
② Although the Plaintiff stated that “cashs kept in the house” with respect to the source of loan, the Plaintiff did not submit objective financial data, etc. supporting this.
③ The Plaintiff asserts that around 2017, around 2017, 100 million won loan certificate was prepared by the Defendant.
However, it is revealed that the Plaintiff could not submit the original copy of the loan certificate (No. 1) submitted as evidence, and that there is a significant difference between the upper part of the copy of the above loan certificate (the loan certificate, daily hundred million won, 25% a year from January 5, 2017 to March 29, 207) and the lower part (the Defendant’s personal information is stated) (the copy is contaminated) and the lower part (the fact that only the lower part is contaminated), and the preparation process of the copy is revealed.