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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. On February 9, 2009, the Plaintiff asserted that the Defendant lent KRW 120 million to the Defendant at the rate of KRW 3% per month agreed upon, and on May 10, 2009, the due date for payment was determined and lent. The Plaintiff sought against the Defendant the payment of the above KRW 120 million, interest and delay damages.
B. According to the evidence Nos. 1, 2, 3, and 6, the following facts are acknowledged: (a) the Defendant prepared to the Plaintiff a loan certificate stating the above contents; (b) the obligor’s written mortgage agreement on February 7, 2009 regarding the Gangwon-gun C Building, D, etc., the debtor is the defendant; and (c) the Plaintiff deposited KRW 1,530,000,000 into the new bank account under the name of the Defendant on February 9, 2009; and (b) these facts appear to be consistent with the Plaintiff’s assertion.
C. However, considering the following circumstances, it is insufficient to acknowledge that the Plaintiff lent KRW 120 million to the Defendant solely based on the above evidence submitted by the Plaintiff or the above circumstances that can be recognized through the evidence presented by the Plaintiff, and there is no other evidence to acknowledge otherwise.
(1) In light of the above legal principles, the court below's determination that the plaintiff extended the above amount of KRW 120 million to E with the business fund of the corporation, etc. (1) does not dispute the facts that the plaintiff lent the above amount to E with the business fund of the corporation. (2) The plaintiff does not dispute the facts that the corporation required the above amount to E with the business fund. (3) The plaintiff is merely an internal issue between the defendant and the corporation, and this is merely an internal issue between the defendant and the corporation, and the defendant was determined and lent the defendant as the debtor. (3) The defendant is obligated to repay the above amount. (4) However, since the defendant did not need the above amount, there is no reason for personal borrowing from the plaintiff.