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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 October 30, 2012, the Plaintiff remitted each of the KRW 50 million to the Defendant and KRW 2.8 million to the Defendant, and the said amount is the aggregate of the prepaid interest of KRW 50 million and KRW 2 million deducted from the prepaid interest of KRW 2 million and KRW 5 million.
B. On October 30, 2012, the Defendant granted C the remainder of KRW 43,016,000 after deducting the Defendant’s claim against D Co., Ltd from the deducted amount of KRW 2 million.
C. On November 30, 2012, the Defendant remitted KRW 1.5 million and KRW 5 million, which was remitted from E, to the Plaintiff. D.
E is the current representative of the said D Co., Ltd., and F was the representative of the said D Co., Ltd. until July 24, 2012.
[Reasons for Recognition] Uncontentious Facts, Gap evidence, Eul evidence Nos. 1, Eul evidence Nos. 1, 2 and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that, on October 30, 2012, in addition to the loan of KRW 5 million recognized by the Plaintiff, the Plaintiff lent KRW 50 million to the Defendant, and that, after the Defendant paid interest twice including the interest on the interest, the Plaintiff sought payment of the said loan and the damages for delay.
In this regard, the defendant asserts that the above KRW 50 million is only a delivery of the loan to C by the plaintiff.
B. On October 30, 2012, the court below found that the plaintiff remitted 50 million won to the defendant after deducting interest from interest to the defendant on October 30, 2012, and found that the defendant is the person to whom the loan was made. However, there is no evidence to acknowledge that the plaintiff lent 50 million won out of the above amount to the defendant.
Rather, while remitting KRW 50 million to the Defendant, the Plaintiff treated KRW 50 million by separating KRW 50 million and KRW 5 million. However, the Plaintiff treated KRW 50 million as it was delivered to C and so treated as such, unlike KRW 50 million.