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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 2, 2012, the Plaintiff asserted that: (a) lent KRW 100 million to C; (b) received a written notice of payment for the borrowed money and made it clear; (c) on the same day, a notary public drafted a notarial deed of monetary loan loan agreement No. 863 on the same day, No. 863, 2012; and (d) at the time D and the Defendant
Therefore, the defendant is obliged to pay 100 million won of the joint and several liability debt to the plaintiff.
2. First, according to Gap evidence No. 5, D’s statement on August 2, 2012, as to KRW 100 million from the loan to the plaintiff on August 16, 2012, KRW 30 million, up to September 30, 2012, KRW 10 million up to September 30, 2012, KRW 500,000 up to October 30, 2012, KRW 10 million up to November 30, 2012, KRW 5 million up to December 30, 2012, KRW 30 million up to March 30, 201, KRW 30 million up to March 30, 2013, KRW 30 million up to May 30, 2013, and the defendant’s statement of intent to pay the remainder of the notarial deed including the defendant’s certificate of personal seal impression as to the remainder of the debt repayment loan by the defendant is deemed to have been lost.
However, in full view of each of the statements in subparagraphs 1 through 4 above, the plaintiff filed a complaint against C in fraud as it was not repaid money to C. On August 2, 2012, the plaintiff received a written withdrawal of payment from D on August 2, 2012 and prepared a notarial deed of monetary loan loan agreement as seen above. On August 21, 2012, the plaintiff received the defendant's seal imprint 3 and the defendant's personal seal impression from C on August 21, 2012. At the time when the plaintiff received the defendant's seal imprint 3 and the defendant's seal imprint 3, the above loan debt to C to the plaintiff was lost the benefit of time, and the certificate of No. 3 stated "D is not paid."