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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The plaintiff's assertion that the plaintiff is the investor of the company, which is the company in charge of a multi-stage business, in around 2004, and the defendant was aware of working as the regional center of the above company and lent the above amount of the loan to the defendant, and the defendant is not required to operate the business. The defendant's real estate as security is not to obtain the loan in the plaintiff's name. Accordingly, it is changed to obtain the loan in the name of the plaintiff. Accordingly, the defendant will be identified as well as the principal and interest of the loan. Accordingly, the plaintiff accepted the above proposal and received the loan from the defendant on behalf of the defendant, 59,206,80,000 won, after deducting the loan fee from the above loan. Thus, the defendant is obligated to pay the above amount of the loan to the plaintiff with interest for delay.
B. Even if it is recognized that there is a delivery of money between the parties to the judgment, if there is a dispute as to the lending of money, the fact of the lending shall be proven to the plaintiff.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). The facts without dispute, Gap evidence Nos. 1 through 3 (including serial numbers), Eul evidence Nos. 2, and according to the overall purport of the arguments and arguments, the plaintiff received a loan of KRW 60 million from the association of this case on November 15, 2004, the due date for payment of the loan of KRW 50 million and KRW 9% per annum (hereinafter "the loan obligation of this case"). The above loan obligation of this case was jointly and severally guaranteed by the defendant and offered it as security, ② the plaintiff received a loan of KRW 59,182,444 from the association of this case on November 15, 2004 after receiving the loan fee, etc. from the association of this case on November 15, 2004, and thereafter, agricultural cooperative under the name of the defendant for agricultural transaction.