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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 assertion and judgment
A. The Plaintiff’s assertion 1) on June 13, 2014, lent to the Defendant the sum of KRW 15,000,000 to the Defendant for a singing room acquisition fund. 2) The Plaintiff, along with the Defendant, agreed to purchase the Defendant’s stores of Seongdong-gu Seongbuk-gu C (hereinafter “each of the instant stores”), and the Plaintiff, on behalf of the Defendant, lent the said money to the Defendant by means of paying KRW 10,850,000, equivalent to the share in the Defendant’s name, out of the purchase price of KRW 21,70,00,000 on July 222, 2014.
3) On August 7, 2014, the Plaintiff lent KRW 3,000,000,000,000 on behalf of the Defendant, in cash, to the lessor on behalf of the Defendant. 4) On December 10, 2014, the Plaintiff loaned KRW 1,00,000,000 to the Defendant, respectively, on December 26, 2014, KRW 26,000,000, and KRW 90,000 on October 23, 2015, and KRW 26,90,000 on October 26, 2015.
5) On October 26, 2015, on behalf of the Defendant, the Plaintiff lent the said money to the Defendant by means of paying on behalf of the management office the total sum of KRW 3,500,000 for the management expenses of each of the instant stores. 6) The Plaintiff lent KRW 1,00,000 for the care expenses of the Defendant’s children to the Defendant on the influence day.
7) Ultimately, the Defendant is obligated to pay the Plaintiff KRW 39,150,000 in total (i.e., KRW 10,850,000 in total (i.e., KRW 10,850,000 in total) KRW 3,000,000 in total (i.e., KRW 1,900,000 in total) KRW 1,900,000 in total (i.e., KRW 3,500,000 in total).
B. The Plaintiff transferred KRW 15,00,000 to the Defendant on June 13, 2014 by account transfer; the Plaintiff withdrawn KRW 21,70,000 from the deposit account on July 22, 2014; the Plaintiff paid KRW 3,000,000 to the lessor on August 7, 2014 as the lease deposit amount of KRW 3,00,000 as the lease deposit amount; the Plaintiff paid KRW 1,00,000,000 on December 10, 2014; and the Plaintiff transferred KRW 1,00,000,000 to the Defendant on December 26, 2014; and the Plaintiff transferred KRW 1,70,000 to the Defendant on October 39, 2010; and each of the Plaintiff transferred the lease deposit amount of KRW 10,000,000 to the Defendant on account transfer;