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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserted by the parties that the plaintiff lent to the defendant KRW 7 million on July 6, 2005, KRW 4 million on October 7, 2005, KRW 10 million on March 20, 2006, KRW 10 million on March 27, 2006, KRW 40 million on April 6, 2006, KRW 87 million on April 7, 2006, and lent to the defendant's wife C on December 17, 2004, KRW 30 million on November 20, 2005, KRW 30 million on the defendant's husband's debt, and the defendant, who is the husband, was liable to pay damages for delay to the plaintiff on March 27, 2006.
In regard to this, the Defendant asserted to the effect that C made a monetary transaction with the Plaintiff using a bank account in the name of the Defendant, and that each of the above money that the Plaintiff lent to the Defendant and C constitutes the money that the Plaintiff paid to C as a debt order for repayment of the Plaintiff’s debt.
Judgment
The fact that the plaintiff remitted the above sum of KRW 150 million to C and the defendant does not dispute the defendant, but it is insufficient to recognize the fact that the above recognition alone is a nominal loan, and there is no other evidence to acknowledge it.
Rather, if the purport of the entire pleadings is added to the statement in Eul evidence Nos. 1 through 13, the plaintiff has made a monetary transaction with C from January 19, 2003 to May 2009. At that time, C used not only the bank account in its name but also the bank account in the name of the defendant, C remitted approximately KRW 139 million to the plaintiff from January 7, 2006, the date of the last loan claimed by the plaintiff from the defendant or C, from April 19, 2005, to April 7, 2006, and D borrowed KRW 30 million from C to January 19, 2006, with interest rate of KRW 2% on the same day, and the plaintiff borrowed the above loan debt of D from the same day to June 16, 2006, and the plaintiff has jointly and severally guaranteed the loan debt of D from January 19, 2006 to June 26, 2006.