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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's assertion and judgment
A. The Plaintiff’s assertion 1) while operating a multi-level company D, Co., Ltd. in collaboration with C, the Defendant agreed that if the Plaintiff lent KRW 40 million to the Plaintiff, the Plaintiff would be the higher class of the company. 2) The Plaintiff lent KRW 30 million to the Defendant, and the Plaintiff lent the remainder of KRW 10 million to the Defendant, and the Defendant used KRW 10,203,950 in total by using the Samsung Samsung Card from the Plaintiff as above.
3) Afterwards, the Defendant, upon receiving a request from the Plaintiff for reimbursement from the Plaintiff, prepared a loan certificate for KRW 40 million from the above C and decided that the Defendant would immediately repay the loan to the Plaintiff. Accordingly, the Defendant is liable to pay the Plaintiff the total amount of the loan KRW 40,203,950, and damages for delay.
B. According to the statements in Gap evidence Nos. 1 and 2, there is no dispute between the parties, or according to Gap evidence, the plaintiff remitted to the defendant a total of KRW 30 million on August 11, 2014, KRW 10 million on the same month, KRW 15 million on the 18th day of the same month, and KRW 10 million on the 18th day of the same month, the plaintiff lent the plaintiff's credit card to the defendant, and the defendant used the plaintiff's credit card with KRW 10203,950 on the above credit card, the plaintiff used the plaintiff's credit card, the amount of KRW 40 million on the plaintiff's credit card, and the plaintiff's signature was in possession of the loan certificate with KRW 40,203,950 on the basis of these facts and other evidence submitted by the plaintiff. Thus, the plaintiff's above assertion is without merit.
2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.