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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The plaintiff's assertion was made on February 21, 2008 by setting the payment period of KRW 100 million to the defendant on December 31, 2009, and at 30% per annum, and thus, the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.
B. The defendant's assertion did not have borrowed KRW 100 million from the plaintiff, and D lent money from the plaintiff to the defendant and lent KRW 78 million to the defendant.
In addition, the Defendant had E, one’s own fraud, remitted 30 million won to F, who is his own land, and had F repay 30 million won out of the above loan amount of KRW 78 million to D, and in addition, transferred the apartment sale right to D under the pretext of payment in kind, and fully repaid the above loan amount.
2. Determination as to the cause of action
A. In light of the following circumstances acknowledged by the statements in Gap evidence Nos. 3, 9, and Eul evidence Nos. 1 through 5, it is insufficient to acknowledge that the plaintiff lent KRW 100 million to the defendant only with the evidence submitted by the plaintiff, and there is no other evidence to acknowledge otherwise.
① There is no objective data suggesting that the Plaintiff and the Defendant have urged the Defendant to pay the interest on loans or the principal.
② The statement of payment (Evidence A 9) submitted by the Plaintiff stated that D borrowed KRW 100 million and that G guaranteed against D. The Plaintiff filed a lawsuit against D and D on the ground that D lent a sum of KRW 100 million to the original D, and that G jointly and severally guaranteed it, as Suwon District Court 2016No39480.
However, the above court held that D borrowed KRW 40 million from the Plaintiff and that G jointly and severally guaranteed it, and that D and G jointly and severally agreed on November 1, 2017, the amount calculated at the rate of 30% per annum from July 11, 2008 to the date of full payment.