1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff paid KRW 270 million to the Defendant on May 4, 2016, KRW 50 million on May 10, 2016, KRW 20 million on May 19, 2016, KRW 20 million on May 19, 2016, KRW 10 million on June 20, 2016, KRW 91 million on June 21, 2016, KRW 20 million on June 22, 2016, and KRW 276 million on July 21, 2016.

B. C: (a) on May 2, 2016, C borrowed KRW 50 million from the Plaintiff; (b) on May 4, 2016, KRW 100 million; and (c) on May 19, 2016, KRW 10 million; (b) on June 17, 2016, KRW 20 million; and (c) on June 21, 2016, KRW 100 million; and (d) on June 21, 2016, five copies of the loan certificate issued by C to repay the loan 12 months after the date of the loan.

C. The Defendant paid C KRW 260 million, totaling KRW 50 million on May 4, 2016, KRW 50 million on May 10, 2016, KRW 30 million on May 11, 2016, KRW 30 million on May 14, 2016, KRW 10 million on May 20, 2016, KRW 10 million on June 20, 2016, and KRW 260 million on June 21, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 4 and 5 evidence (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that the plaintiff lent KRW 276 million to the defendant, and the plaintiff was not repaid even after the due date.

Therefore, loans to the defendant amounting to KRW 276 million and damages for delay are claimed.

B. As seen earlier, the Plaintiff paid a total of KRW 276 million to the Defendant from May 4, 2016 to July 21, 2016. However, there is insufficient evidence to acknowledge that the Plaintiff lent the above KRW 276 million to the Defendant solely based on such factual basis and other evidence submitted by the Plaintiff, and there is no other evidence to prove otherwise.

Rather, as seen earlier, the Defendant delivered most of the money received from the Plaintiff to C as is, and the Plaintiff can only be recognized as having received five copies of the loan, stating that C borrowed a total of KRW 280 million from C.

3. Conclusion of the Plaintiff’s claim against the Defendant is dismissed as it is without merit. It is so ordered as per Disposition.