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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From 2009 to 2012, the Plaintiff asserted that the Plaintiff remitted or paid to the Defendant the sum of KRW 34 million, as indicated in the Plaintiff’s payment column in the attached Form sheet.
From 2008 to 2012, the Defendant remitted to the Plaintiff a total of KRW 8.6 million as stated in the Defendant’s payment column in the attached list.
If the Defendant deducts the money paid by the Plaintiff from the money paid by the Plaintiff, the amount of KRW 25.4 million (=34 million - 8.6 million), which is the unpaid amount of the loan.
The defendant is obligated to pay to the plaintiff the balance of the loan 25.4 million won and delay damages.
2. There is no dispute between the parties that the Plaintiff paid KRW 10 million to the Defendant on June 9, 2010.
According to Gap evidence Nos. 1 and 4, the Plaintiff’s total amount of KRW 24 million from September 22, 2009 to July 16, 2012 (i.e., KRW 3 million on September 22, 2009) (i.e., KRW 6 million on June 9, 2011; KRW 5 million on Nov. 23, 2011; KRW 20 million on Nov. 23, 2012; KRW 1 million on Nov. 27, 2012; KRW 1 million on April 30, 2012; and (ii) may be recognized that the Plaintiff remitted KRW 7 million on December 16, 2012 to the Defendant (i.e., KRW 1 million on Apr. 18, 2012).
As long as the defendant asserts that the above KRW 34 million paid or remitted to the defendant by the plaintiff (i.e., KRW 10 million) is the amount loaned to the defendant by the plaintiff, there is an objective evidence to acknowledge it.
In light of the following circumstances that can be acknowledged by comprehensively considering the purport of the entire pleadings in the statement Nos. 5, it is difficult to acknowledge that the above KRW 34 million was the money lent to the Defendant by the Plaintiff only with the statement of Nos. 1 through 4, and witness C’s testimony, and there is no other evidence to acknowledge otherwise, the Plaintiff’s above assertion is difficult to accept.
① There is no document prepared to verify that the above KRW 34 million is a loan between the Plaintiff and the Defendant, and the Defendant periodically pays a certain amount to the Plaintiff as interest.