1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 31, 2004, the Plaintiff remitted to the Defendant the amount of KRW 69,040,000 (the amount excluding the loan fee from KRW 70,000,000 that the Plaintiff borrowed from a financial institution) and KRW 39,260,50 on June 1, 2004 (the amount excluding the loan fee from KRW 40,000 that the Plaintiff borrowed from a financial institution). On June 17, 2004, the Plaintiff and the Defendant drafted a certificate of borrowing “The Plaintiff borrowed from the Defendant at KRW 110,00,000 (= the above KRW 70,000,000) interest rate of KRW 30,000 per annum and KRW 40,000 on June 30, 2005.”

B. On April 3, 2007, the Plaintiff remitted to the Defendant KRW 97,542,00 (the amount excluding the loan fee from KRW 100,00,000 that the Plaintiff received from a financial institution). On January 18, 2008, the Plaintiff and the Defendant drafted a loan certificate stating that “the Plaintiff lent KRW 100,000 to the Defendant on April 3, 2007” (as above, the Plaintiff added KRW 110,000,000 from the Defendant in 2007 and KRW 100,000,000 from the Defendant in 207,000,000.

(c) The loan of this case (hereinafter “the loan of this case”).

From June 30, 200 to April 2, 2007, the Defendant remitted to the Plaintiff the sum of KRW 2,600,000 to KRW 2,60,000,000 per month, and KRW 80,896,608, and remitted the sum of KRW 3,500,000 per month from May 30, 2007 to November 201, and KRW 234,50,000 per month from February 6, 2013 to July 31, 2013.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 210,000,000 to the Defendant. Since May 2007, the Plaintiff agreed to receive KRW 3,500,000 monthly interest per annum on the instant loan (=210,000,000 x 20% per annum x 1/12).

However, the Defendant unpaid part of interest from December 2012 and did not pay interest after July 31, 2013. As such, the Defendant paid to the Plaintiff the amount not paid interest from December 2012 to April 2019.