Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is obligated to pay to the Plaintiff KRW 50,445,00,00 to the Defendant on November 12, 201, and KRW 254,00,00 on June 3, 201, as the Plaintiff respectively remitted and lent KRW 550,445,00 (= the above KRW 296,445,000) and damages for delay.
2. Determination
A. The fact that the Plaintiff remitted KRW 296,445,00 to the Defendant’s bank account on November 12, 2010 is no dispute between the parties.
However, the following circumstances are revealed in Eul's evidence Nos. 1 through 4 (including a serial number; hereinafter the same shall apply), i.e., the defendant took out a loan of KRW 50 million from the National Bank of Korea on April 29, 2010, and on April 30, 2010, the defendant took out a loan of KRW 1050 million from the National Bank of Korea on April 30, 2010, 715 billion won, the maximum debt amount of KRW 1835 million, the debtor, the defendant, and the National Bank of Korea Co., Ltd. as a part of the above 300,000,000 won, and the defendant took out a loan of KRW 550,000,000 from the non-party E bank account on April 30, 2010 to the plaintiff on behalf of the defendant 1, 205,000,000 won.