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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 5, 2018, the Defendant filed a claim for loans with the Plaintiff (the cause of the claim: from February 1, 2016 to September 9, 2016) by filing a claim against the Defendant for the remainder of KRW 12,00,000 after loaning KRW 21,850,000 from February 1, 2016 to September 1, 2016 (the cause of the claim: KRW 12,00,000 from the remainder of KRW 9,850,000 from the loan; and on February 15, 2018, “the Defendant (the Plaintiff of this case) paid to the Plaintiff (the Plaintiff of this case) 12,00,000 and 15% interest per annum from February 1, 2018 to the date of full payment” was served on the Plaintiff’s order of performance recommendation on January 31, 2018 (hereinafter “instant performance recommendation”).
B. On March 13, 2018, upon the decision of the instant performance recommendation, the Defendant received and executed a decision of seizure and collection of the claim on March 13, 2018, and around August 2018, upon receipt of a decision of seizure of movables as 2018 main text1932. On September 27, 2018, the Plaintiff received a decision of suspension of compulsory execution based on the decision of execution recommendation of this case as the court 2018Kadan40
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff asserted that the loan based on the decision of performance recommendation of this case is the investment bond to the representative director C who is not the plaintiff company, and that the defendant made a loan repayment agreement on May 2017, 2017 that the defendant wants to recover, and that the defendant's loan claims against the plaintiff company are nonexistent.
According to the statements in Gap evidence Nos. 5, 6, and Eul evidence Nos. 4 through 7, the representative director C of the plaintiff company decided to pay 12,00,000 won to the defendant on May 14, 2017 each month from July 5, 2017 to 2,00,000 won, and prepared a loan repayment agreement to the effect that upon the completion of the repayment, the shares held in shares will be refunded free of charge. The defendant's wife D entered the plaintiff company around August 2015 and retired around May 2017, and the defendant's criminal complaint was filed against the defendant who is the husband's husband.