beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff
On April 3, 2012, the Plaintiff entered into an agreement with the Defendant on April 30, 2012, to pay 5,000,000 won to the Defendant for delay calculated at the rate of 3% per month, if the Defendant fails to repay the loan by the above due date, the Defendant shall pay to the Plaintiff the sum of 5,00,000,000 won in penalty until June 30, 2012, and if the Defendant fails to repay the loan by the due date for repayment extended, the Defendant agreed to pay damages for delay calculated at the rate of 3% per month.
However, since the defendant is unable to repay the loan up to now, it is obligated to pay the plaintiff 50,000,000 won and damages for delay calculated at the rate of 25% per annum in accordance with the Interest Limitation Act.
Preliminary Claim 1) Since C performed its duties as the administrator of the Defendant at the time of lease, the Defendant is obligated to compensate for the damages suffered by the Plaintiff as the employer of C. (2) Since it was used as the attorney’s fee for criminal litigation and the Defendant’s operating expenses, C has the claim for refund of KRW 45,00,000 against the Defendant. As C is the obligee of C, the Plaintiff is claiming for payment of KRW 45,000,000 to the Defendant in subrogation of C.
Judgment
It is insufficient to recognize that the plaintiff lent KRW 45,00,00 to the defendant only by the testimony of the witness D, and there is no other evidence, as to the primary claim Gap evidence No. 1, Gap evidence No. 2-1, 2, and Eul evidence No. 3.
The plaintiff's primary claim is without merit.
Rather, according to the evidence No. 1 and evidence No. 2-1, the Plaintiff prepared a monetary loan agreement with C on April 3, 2012 (hereinafter “instant agreement”). The main contents of the instant agreement are as shown in the attached Form, and the Plaintiff sent to the Defendant on November 5, 2013, a written request for cooperation, sent by the Plaintiff to the Defendant on November 5, 2013, shall also be “a loan of KRW 45,00,000,000,” and “a loan shall be repaid to C several times.”