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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 plaintiff alleged on December 26, 2007, lent KRW 100 million to C Co., Ltd. (hereinafter "C") by the due date set on October 30, 2008, and the defendant is jointly and severally liable for the above obligation of the plaintiff to C on the same day.
2. According to the statement in Gap evidence No. 1, the defendant prepared a document of borrowing money (hereinafter "the loan certificate in this case") to provide joint and several surety for 100 million won against the plaintiff on December 26, 2007. However, considering the following circumstances, i.e., the plaintiff transferred the amount of KRW 100 million on April 11, 2006, and KRW 200 million on April 13, 2006 to Eul, and again remitted the money to the plaintiff's account and the plaintiff's account under the direction. In light of the fact that the plaintiff remitted the money to invest in the apartment construction project, which was implemented by Eul at that time, the above fact of recognition alone is insufficient to recognize that the plaintiff lent the amount of KRW 100 million on the loan certificate in this case, and there is no other evidence to acknowledge that the loan certificate in this case was otherwise in accordance with the above domestic document of borrowing.
Even if C does not have any loan to be paid to the Plaintiff, it is reasonable to view that C does not remain any longer.
Furthermore, the Plaintiff’s claim against C constitutes a commercial claim and constitutes an extinctive prescription of five years, and it is apparent in the record that the Plaintiff’s lawsuit of this case was filed after five years from October 30, 2008, which was the date of repayment indicated in the loan certificate of this case. Therefore, the Plaintiff’s assertion does not appear to have any reason.
3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.