1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff asserts that, upon receipt of a request from the Defendant for the delivery of KRW 40 million from the Defendant during January 201, 2013, the Plaintiff loaned KRW 40 million in total, each of the KRW 20 million on January 21, 2013 and February 19, 2013, and that, as the instant lawsuit, the Plaintiff filed a claim for the payment of delay damages from February 16, 2016, which clearly stated the Defendant’s intent to refuse the repayment of the above loan.

According to the statement in Gap evidence No. 1, although the plaintiff was found to have remitted 40 million won to the defendant as above, it is difficult to recognize it only by the evidence submitted by the plaintiff, and there is no other evidence to prove it otherwise. The plaintiff alleged that the plaintiff used the above money for a period of 1 to 2 months.