1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2007, the Plaintiff became aware of the Defendant and developed into an internal relationship with the Defendant.

B. Around August 2008, the Plaintiff paid KRW 210,000,000 to the Defendant respectively, and KRW 128,000,000 on April 19, 2010.

C. Around the time when the Defendant received the above KRW 210,00,000, the Defendant signed and sealed the Plaintiff on the “payment of KRW 5% per annum”, “interest rate 5% per annum”, “the date of repayment of principal along with the principal due date for interest payment,” and “the date of payment of principal payment”, and “the date of payment of principal deposit security deposit for the regular address.”

(Ground for recognition) Facts that there is no dispute, Gap's 1 through 3, the purport of the whole pleading

2. Determination on the cause of the claim

A. On August 2008, the Plaintiff claimed that the Plaintiff is liable to pay the Plaintiff the above loan amounting to KRW 338,000,000,000, and the Defendant lent KRW 210,000 to the Defendant upon receipt of a request to lend the business funds necessary for food service business on April 19, 2010. As such, the Defendant was obligated to pay the Plaintiff the above loan amounting to KRW 338,00,000, interest and delay damages.

In regard to this, the Defendant: (a) donated KRW 338,00,000 to the Plaintiff at the time of internal relations with the Plaintiff; (b) based on the intelligence contract, the Defendant cannot claim the return of illegal consideration; and (c) in the case of KRW 210,00,000 among the above money, the Defendant was exempted from liability by the Plaintiff; and (d) thus, the Plaintiff cannot accept the instant claim

B. The Plaintiff paid KRW 210,000,000 to the Defendant, and the Defendant signed and sealed the loan certificate for KRW 210,000,000 to the Plaintiff, and the Defendant delivered the above KRW 210,000 to the Plaintiff with the signature and seal affixed thereon. According to these facts, barring any special circumstance, the Defendant is liable to pay the Plaintiff the loan amount of KRW 210,000,000 and damages for delay.

As to this, the defendant was exempted from the obligation of the above borrowed money from the plaintiff.