1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 6, 2005, the Plaintiff lent 20 million won interest to the Defendant on the 6th day of each month, and on the 6th day of each month of interest payment (hereinafter the above loan referred to as “the first loan”). After June 16, 2005, the Plaintiff set the interest rate of 2% per month and the 15th day of each month of interest payment.

(hereinafter referred to as “instant second loan,” and collectively “each of the instant loans,” the instant first and second loans. (b)

On the other hand, from February 2004, the defendant used the Agricultural Cooperative Account under the name of the plaintiff's father C, and remitted interest on each of the loans of this case to the plaintiff's account through the above account. The first loan of this case was made on May 6, 2009, and lastly, in the case of the second loan of this case, interest on July 16, 2009 was not transferred.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3, Eul's testimony, the purport of whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 30 million for each of the instant loans and the interest accrued or delay damages incurred after March 7, 2011, as sought by the Plaintiff, after the date of the above final remittance of interest.

B. The defendant's assertion 1) The defendant asserted that ① the principal and interest of each of the loans of this case were repaid until March 7, 201, and ② even if that is not, the extinctive prescription had already been completed prior to the application for the payment order of this case. 2) According to the purport of the statement and the whole argument as to the above repayment claim, the defendant transferred 200,000 won interest from the first loan of this case to the plaintiff on November 10, 2005, and then transferred 5 million won interest to the plaintiff on November 10, 2005.