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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
From June 25, 2013 to September 27, 2016, the Plaintiff either lent to the Defendant, as shown in the attached Table, or claimed for the payment of KRW 47,325,049 and the delay damages therefor, whichever was incurred by the Defendant’s deception, as a total of KRW 76,381,972. Of which, the Plaintiff claimed for the payment of KRW 47,325,049 and the delay damages therefor. However, the Plaintiff’s proof, including each of the Plaintiff’s evidence Nos. 1 through 5 (including the serial number) submitted by the Plaintiff, also lent the money claimed in the Defendant
It is insufficient to recognize that the Plaintiff paid the money stated in the claim to the Defendant by deceiving the Plaintiff, and there is no evidence otherwise.
Rather, according to the Plaintiff’s assertion, the Plaintiff and the Defendant were in de facto marital relationship by living together with each other from June 25, 2013 to October 20, 2015. According to the attached list, a considerable portion of the loan claimed by the Plaintiff constitutes money used as living expenses during the living period of the original Defendant, or a money used as director’s expenses, deposit, rent, etc. while leasing a prefabricated-gu Seoul metropolitan detached house where the Plaintiff is currently residing.
The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.