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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 asserts that the defendant is obligated to pay the above loans and interest or delay damages on the loans to the defendant on June 14, 2012, and the total amount of KRW 30,000,000 on June 15, 2012, and KRW 30,000,000 on June 15, 2012. The plaintiff agreed to be paid KRW 255,000 per month (per 10.2% per annum on KRW 30,000). Thus, the defendant asserts that the defendant is obligated to pay the above loans and its interest or delay damages to the plaintiff.
As to this, the defendant received the above money, but it claimed that C, not the defendant, was the money borrowed.
2. The Plaintiff, as alleged above, remitted the sum of KRW 30,000,000 to the account under the name of the Defendant; the fact that the Plaintiff transferred KRW 255,000 each month from November 27, 2012 to April 25, 2014 to the Plaintiff’s spouse’s account under the name of the Defendant to the account under the name of the Defendant, is either a dispute between the parties, or may be acknowledged by the statements in the evidence A Nos. 1 and 2.
However, in full view of the statements in the evidence Nos. 1 through 10 and the overall purport of the testimony and arguments by the witness C, the following circumstances, namely, the defendant and C worked as an employee of D Co., Ltd. operated by the plaintiff around June 2012, and they were in school with each other. The above 30,000,000 won was borrowed from the plaintiff to purchase a house to be residing with the defendant and C, and C appears to have actually used the defendant's account by remitting most of the benefits on the day or following the day he received the benefits at the time, to the defendant account. The plaintiff requested the plaintiff to pay the above amount of 30,000,000 won to C, and the plaintiff also requested the plaintiff to pay the above amount. The plaintiff appears to have not requested the defendant to pay the above amount prior to the filing of the lawsuit, and the plaintiff and the defendant did not request the plaintiff to lend the above amount of 30,000,000 won to C, which was not a loan to C.