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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 parties' assertion
A. On September 3, 2005, the Plaintiff: (a) on September 3, 2005, without setting the due date; (b) on January 24, 2006 and February 23, 2006, the respective due date for repayment was set as December 31, 2007; and (c) respectively lent KRW 20 million to the Defendant twice in total.
B. The Defendant did not borrow money from the Plaintiff. However, the Defendant delegated 8 persons, including the Defendant, including the Plaintiff, to purchase the land for the main multi-family housing, which was scheduled to be constructed on the ground of approximately 2,512 lots of Daegu Suwon-gu B and approximately 37 lots of land. The Defendant only received the said money from the Plaintiff as the service price.
2. According to each of the statements in No. 2-1 to No. 3, No. 2-1, and No. 3-2 as to whether the Plaintiff lent the above money to the Defendant, it is not sufficient to view that the Plaintiff paid the above money to the Defendant merely because it is recognized that the Plaintiff paid it, and there is no other evidence to acknowledge it.
Rather, comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 4 through 9 and Eul evidence Nos. 1 through 11, the plaintiff paid 10 million won as part of the above service price to the defendant's account as part of the above service price on Aug. 24, 2006, and paid 200 million won to the defendant on Aug. 31, 2005, which was scheduled to be constructed on the ground of approximately 2,512, with the delegation of the service price of 3.5 billion won to eight persons including the defendant, etc., and the plaintiff paid 3.72 billion won as the down payment out of the service price to eight persons including the defendant on Sep. 3, 2005, the plaintiff agreed to return the remainder of the service price to the defendant on Sep. 24, 2006 to the effect that the defendant would return the above service price of KRW 2.7 billion to the defendant as above.6 billion.