1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On October 25, 2010, the Plaintiff’s assertion entered into a loan agreement with the Defendant on a loan agreement with the content that the Plaintiff lends 100 million won to the Defendant on a monthly interest rate of 2%, due date of payment on January 25, 201, with the Defendant, the Plaintiff received a loan certificate (Evidence 1), receipt (Evidence 2), and an agreement on payment in kind (Evidence 3) from the Defendant, and paid a total of 10 million won to the Defendant under the name of the land owner C, which is the land owner, in total.

Therefore, the defendant is obligated to pay to the plaintiff the above KRW 100 million and the interest or delay damages based on the agreed rate.

B. The defendant's assertion received KRW 100 million from C to the defendant's account upon D's request, and then delivered it to D immediately following the day, and since it did not borrow KRW 100 million from the plaintiff, the defendant cannot respond to the plaintiff's request.

2. Determination

A. First, we examine the formal evidence evidence of the cash car certificate (Evidence 1), receipt (Evidence 2), and each (Evidence 3) submitted by the Plaintiff (hereinafter “each disposition document of this case”).

With respect to each disposition document of this case, the defendant denies the authenticity of each disposition document of this case, and considering the fact that the disposition document of this case must recognize the existence and content of the expression of intent in accordance with the contents of the document unless there is any clear and acceptable counter-proof that the contents of the statement are denied if the authenticity is recognized (see, e.g., Supreme Court Decision 2002Da34666, Sept. 6, 2002), Eul evidence 3, evidence 4-1, 4-1, 6-2, Eul evidence 6-1, 6-1, 2, 8-1, 8-2, and 9, evidence 6-1, 6-1, 8-1, 2, and 8-1, 8-2, and 9, witness evidence D, witness witness witness testimony, C's testimony, appraiser E's result of an appraiser E's seal appraisal, and the following circumstances that can be recognized in full view of the above legal principles, the witness witness witness testimony of each of this case shall be made.