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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 Plaintiff’s summary of the Plaintiff’s assertion was lent to the Defendant a total of KRW 50 million ( KRW 25 million on May 16, 201, KRW 500,000 on October 10, 201, KRW 10 million on October 13, 201, KRW 10 million on October 13, 201, KRW 10 million on December 30, 201, and KRW 10 million on December 30, 2014, and thus, the Plaintiff sought repayment of the loan.
2. Determination
A. The following facts are acknowledged according to the results of each fact inquiry into Gap evidence Nos. 1-7, 9 (including paper numbers), Eul evidence Nos. 1, Masan Fisheries Cooperatives of this court (hereinafter "Masan Fisheries Cooperatives"), and the chief of Maposan District Department, according to the results of this court's response to each order of submission of tax information to the head of Msan District Office, the chief of Msan District Office, and the chief of Msan District Office.
① On July 22, 1994, C (the spouse of the Defendant) filed an application for joining a buyer of Msan Fisheries Consultation, and at the time D (the spouse of the Plaintiff) signed and sealed it as a joint and several sureties.
D In order to secure C’s obligation to trade in fishery products, on August 22, 1994 and January 11, 2005, the Msan-si E, Changwon-si, Changwon-si, the owner of Msan-si, set up each of the debtor C’s own collateral on the land, etc.
② From D’s account to April 13, 201, KRW 30 million was deposited in cash, and KRW 5 million on May 16, 201 was deposited in cash, respectively.
③ On June 3, 2011, the Defendant entered into a lease agreement with the head of the Simsan-si and the head of the Simsan-si, Changwon-si, with a deposit of KRW 20 million, KRW 500,000,000 per month, KRW 500,000 per month, and the period from June 3, 201 to June 2, 2014.
(F) On June 7, 2011, the Defendant registered its business with the trade name “G” on June 7, 2011.
④ On October 10, 2014, the total sum of KRW 15 million was deposited from the account held in D on November 14, 2014, respectively.
⑤ On December 23, 2014, a fire occurred in the instant commercial building and the amount of damage on the property that was concealed in the competent fire station is KRW 2,580,000.
6. C The Defendant and his/her children died on March 19, 2017. On March 31, 2017, the Defendant and his/her children reported the qualified acceptance to this court on April 6, 2017.