1. The plaintiff's claim is dismissed.

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

1. The plaintiff alleged that on January 21, 2009, the plaintiff lent KRW 50,000,000 to the defendant by the method of issuing the check after the due date set on June 21, 2009, and sought the return of the above loan.

2. According to each of the statements in Gap evidence Nos. 1 and 3, the borrower's 50,000,000 won of the borrowed amount, the borrower's joint guarantor, the defendant's non-party C, and the due date for payment on June 21, 2009 (hereinafter "the borrowed certificate of this case") held by the plaintiff, and the fact that 50,000,000 won was deposited from the plaintiff's account on January 21, 2009 to the check is recognized respectively.

However, the Defendant denied the loan from the Plaintiff and then borrowed KRW 40,00,000 from the Plaintiff, the Defendant did not borrow money from the Plaintiff, and paid all of them, but the Plaintiff asserted that the Plaintiff had the loan certificate of this case at will and filed the claim of this case. According to the statement No. 1 and the reply to the order to submit financial transaction information with respect to Cho Jong-C., the Defendant’s endorser of the check withdrawn from the Plaintiff’s account on January 21, 2009, and C remitted KRW 40,000 to the Defendant on January 21, 2009. Since there is no evidence to acknowledge that the Plaintiff delivered KRW 50,000,000 to the Defendant on a check as asserted by the Plaintiff, it is difficult to recognize that the loan certificate of this case alone has lent KRW 50,00,000 to the Defendant.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.