1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff was requested to lend money from the Defendant’s wife C.

B. The Plaintiff deposited or received money through a deposit account in the Defendant’s name (hereinafter “the principal and interest of the instant loan”) from around 2008 to around 2010.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1, Eul evidence 1-1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. While lending KRW 100 million to the Defendant, the Plaintiff agreed to receive monthly interest of KRW 3-4. From August 26, 2009 to June 25, 2010, the Defendant paid an amount equivalent to the interest calculated by 30% per annum in accordance with the maximum interest rate prescribed by the Interest Limitation Act, and delays the remainder of the principal and interest on the loan. Therefore, the Defendant is obliged to pay the interest on the instant loan to the Defendant at KRW 100 million and damages for delay calculated by 30% per annum from June 25, 2010.

However, in light of the fact that the Plaintiff received money from the Defendant’s bank account or deposited money through the Defendant’s bank account, the Plaintiff received a request from the Defendant’s wife to lend money to the Defendant’s bank account in the name of the Defendant, and received money from C to the said bank account, the Plaintiff is deemed to have concluded a loan agreement with C, and the fact that the Plaintiff concluded a loan agreement with the Defendant alone is difficult to recognize.

The plaintiff's assertion on this part is without merit.

B. The Plaintiff asserted to the effect that the Defendant was obligated to pay the principal and interest of the loan in accordance with the agreement since the Defendant agreed to pay the principal and interest of the loan. Accordingly, according to the Plaintiff’s testimony as stated in the evidence No. 5-1 and No. 5-2, witness D and E, the Defendant made a statement to the effect that the Defendant is able to pay some of the principal and interest of the loan of this case on the job of the Plaintiff and the Plaintiff around 2016.