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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff transferred KRW 25,00,000 to the Defendant’s financial institution account on April 16, 2007, and KRW 25,00,000 on April 18, 2007 is not in dispute between the parties, or that the Plaintiff did not dispute between the parties, and that the Plaintiff’s response to the order to provide financial information to the Han Bank Co., Ltd. as a result of this court’s response to the order to provide financial information, it may be acknowledged by taking into account the entire purport of the pleadings.
2. The parties' assertion
A. The plaintiff's assertion, like the above basic facts, remitted KRW 50,000 to the defendant and lent it. The plaintiff received a loan certificate from the defendant through C along with the defendant's certificate of certified judicial scrivener in the name of the defendant. Thus, the defendant is obligated to pay the above principal of the loan, interest thereon, and delay damages to the plaintiff.
B. The defendant's assertion that he received 50,000,000 won in total from the plaintiff to the defendant's financial institution's account on each date claimed by the plaintiff. However, this is not the amount that the defendant personally borrowed, but it was transferred to the bank account in the name of D designated by C after the defendant's receipt of transfer to the defendant's account at C's request, and the loan certificate submitted by the plaintiff was not the defendant. On the other hand, the copy of the certified judicial scrivener's certificate is not the defendant's request for the registration business and is one of the documents delivered by C along with the defendant's business registration certificate, the copy of the passbook, etc. to be delegated by C.
3. The plaintiff bears the burden of proving that the plaintiff lent money to the defendant.
Of the evidence submitted by the Plaintiff, 50,000,000 won transferred as above is admissible as evidence directly consistent with the Plaintiff’s assertion that the loan is a loan (No. A. 2; hereinafter “the loan certificate of this case”), however, there is a loan certificate prepared in the name of the Defendant (the Defendant).