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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 loan certificate is issued. The loan certificate provides that "2 million won shall be borrowed as our operating capital: The loan certificate: the period: from February 16, 2011 to May 16, 2011; the repayment date: May 16, 2011; and the loan conditions: 3% interest per month (the amount of KRW 600,000 per month prior payment)." On July 7, 2011, the defendant delivered the loan certificate (the certificate No. 2; hereinafter "the loan certificate of this case") to the plaintiff with the right to manage the non-party company's representative director as the representative director of the non-party company as well as KRW 200,000,000,000 to the non-party company as the principal and KRW 700,000,000,000,000 to the non-party company as the principal and KRW 407,000,000,000,000.
On July 7, 2011, the Plaintiff filed a complaint against the Defendant and the Defendant’s husband E in fraud with respect to the said money around 2015. During the investigation process, the Plaintiff became aware of E in the Nonparty Company on the ground that his relative D was the Nonparty Company, around February 2011, the Plaintiff became aware of the fact that he was the Nonparty Company.
2. From 16. Around May 16, 201, E loaned KRW 20 million in cash on the condition that 3% of the monthly interest rate is paid, as the management of the company is difficult within the non-party company, and E borrowed money from May 16, 201.
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[Reasons for Recognition] Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 5-2 and 6, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On February 16, 201, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 20 million to the Defendant on May 19, 201.