1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 20, 2017, the Plaintiff remitted total of KRW 70 million to the Defendant’s CUnion account (D) and KRW 100 million.

B. On the other hand, on October 19, 2017, the day immediately before the date of remittance, the Plaintiff drafted a notarial deed of monetary loan agreement (No. 323, 2017, No. 2017, No. 323, No. 2017, No. 2010, Nov. 30, 2017, stating that the Plaintiff, as the obligor, lent KRW 10,000,000 from the same day, to E as the maturity date.

C. On November 30, 2017, the Defendant transferred KRW 10 million in total to the Plaintiff’s G bank account two times via the Plaintiff’s G bank account.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff transferred KRW 100 million on October 20, 2017 to the Defendant’s account upon the Defendant’s request that the funds be needed for a mushroom farming business with H, the Plaintiff, who is the Plaintiff’s land owner, to the Defendant.

However, since the Plaintiff did not know the Defendant well, from the intention to believe H and to make his wife E as a guarantor, the Plaintiff prepared the instant notarial deed with E as a debtor.

On November 30, 2017, the defendant paid KRW 10 million out of the above KRW 100 million. The defendant is obligated to pay the plaintiff the remainder of the loan amounting to KRW 90 million and delay damages.

B. The Defendant and H agreed that the purchase price of the said land should be borne by each of the specified amounts of the purchase price of the said land after purchasing the land of Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”).

Pursuant to the above agreement, H borrowed KRW 100 million from the Plaintiff in order to raise the business funds to be borne by himself. It is merely a remittance of KRW 100 million from the Defendant’s account as the H and his spouse’s credit is not good.