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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 as to the cause of claim
A. 1) The Defendant, on November 22, 2012, is the amount borrowed in this case with C representing the Plaintiff and KRW 64 million (hereinafter “the amount borrowed in this case”).
(2) A loan agreement for consumption of money borrowed on February 21, 2013 and on February 21, 2013 (hereinafter referred to as the “money loan agreement”).
(2) The Plaintiff, upon the request of C, remitted 64 million won to the Defendant on its day. 2) The Defendant, upon the request of C, prepared and delivered the loan certificate (Evidence A 1) stating “The borrower, B (Defendant), and A (Plaintiff).”
[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, witness C's testimony, the purport of the whole pleadings
B. The Defendant is obligated to pay the Plaintiff KRW 64 million and delay damages, except in extenuating circumstances.
2. Judgment on the defendant's defense for repayment
A. 1) The Defendant was aware of at the time of the instant monetary loan agreement with C, and the Plaintiff was able to live together with C from this point of view to this point of view. 2) The Defendant concluded the instant monetary loan agreement with C representing the Plaintiff, and in the process, only set the maturity period, interest, etc. solely with C, and did not directly determine with the Plaintiff.
3) In order to repay the principal of the instant loan, the Defendant: (a) deposited to the account in the name of C KRW 4 million on December 26, 2012; (b) KRW 10 million on February 15, 2013; (c) KRW 4 million on April 22, 2013; (d) KRW 10 million on April 23, 2013; and (e) KRW 36 million on April 26, 2013; and (e) deposited the instant loan interest or delayed payment into the account in the name of C including the name of C: (a) KRW 128 million on December 26, 2012; (b) KRW 1200,000 on January 13, 2013; and (c) KRW 400,000 on March 13, 2013; and (c) deposited the instant loan in the name of C/C as at the time of borrowing.