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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff lent KRW 97.5 million to the Defendant on May 17, 2013, and KRW 97.5 million on June 12, 2013.
B. On October 31, 2013, the Defendant issued to the Plaintiff a promissory note of KRW 100 million at par value with respect to the above loan, and prepared a notarial deed of Promissory Notes No. 13852, Oct. 31, 2013 (hereinafter “notarial deed of this case”), and the Plaintiff currently holds the authentic copy of the notarial deed of this case.
[Ground of recognition] Facts without dispute, Gap 1-1, Eul 1-1, Eul 2, and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of both parties’ assertion asserts that the Plaintiff sought a payment of the above loan to the Defendant on the grounds that the amount of KRW 30 million out of the debt under the Notarial Deed of this case was not repaid, and that the Defendant paid all the above loan on June 30, 2015.
B. We examine the following facts: (a) the Plaintiff loaned KRW 49 million to the Defendant on May 17, 2013, and KRW 97.5 million on June 12, 2013; (b) however, on the other hand, the Defendant paid KRW 6,27.9 million on June 30, 2015, including the Defendant’s repayment of KRW 30,90,000 to the Defendant on June 30, 2015; and (c) the Plaintiff’s payment of KRW 6,279,000 to the Defendant on June 30, 2015, upon full view of the arguments described in the items above: (a) the Plaintiff’s payment of KRW 50,00,00 to the Defendant on June 30, 2015, the Plaintiff confirmed that all of the receipts issued by B and the Defendant on June 30, 2015 to the effect that the payment was not made by the Defendant on all of the receipts issued by B and the Defendant.