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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 March 18, 2014, the Plaintiff leased KRW 80 million to the Defendant at the maturity of February 18, 2015 and KRW 1 million per month of interest. The Defendant repaid the amount equivalent to KRW 55 million among them, and the Plaintiff returned the original copy of the loan to the Defendant on the condition that the remainder principal amounting to KRW 25 million is repaid within one year. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 25 million and delay damages therefrom.
B. The Defendant was liable to the Plaintiff for a loan of KRW 80 million. However, on March 12, 2015, the Defendant repaid KRW 45 million to the Plaintiff, and at the time, the Plaintiff did not have any remaining obligation due to the Plaintiff’s repayment of the remainder.
2. Determination
A. The Plaintiff’s lending of KRW 80 million to the Defendant on March 18, 2014 is without dispute between the parties, and the Plaintiff was paid the amount equivalent to KRW 5 million from the Defendant, barring any special circumstance, the Defendant is obligated to return the remainder of KRW 25 million ( KRW 80 million - 55 million).
B. In full view of the following facts: (a) there is no dispute between the parties to the judgment on the Defendant’s exemption defense; (b) the Defendant suffered from economic difficulties from early 2015 to the witness’s testimony; and (c) the Defendant provided a set of money to the Plaintiff and three creditors including the Plaintiff to make an application for individual rehabilitation; and (d) at the time, the Defendant requested the Plaintiff to pay the remainder of the principal amount to the Plaintiff and return the original amount of the loan; (c) although the Plaintiff requested the Plaintiff to pay the remainder of the loan amount of KRW 35 million and return the original amount of the loan, the Defendant did not agree to pay the loan amount of KRW 10 million to the Plaintiff; and (d) the Defendant paid the Plaintiff KRW 45 million,000,000,000,000,0000,000 won borrowed from friendly C, and received the original loan certificate (Evidence No. 1) from the Plaintiff, based on the present loan certificate.