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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 2014, the Plaintiff received a request from Nonparty C to lend money.
The plaintiff, who was aware that Nonparty D was financially financed by the defendant, introduced C to the defendant and requested the financing of money.
B. D transferred KRW 60,000,000 to C’s account on January 21, 2014, ② KRW 20,000 on May 20, 2014, ③ KRW 10,000 on September 5, 2014, ④ KRW 16,000 on March 16, 2015, to transfer KRW 60,000,000,00 in total.
C. On August 5, 2015, the Defendant gave D KRW 25 million in total, including KRW 5 million on August 5, 2015, ② KRW 20 million on August 20, 2015, and the Plaintiff wired KRW 35 million to Nonparty D’s account on June 1, 2015.
C was unable to repay 60 million won, and interest was paid only up to August 2015, and the additional repayment was not made thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, witness D and C's testimony and the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion (1) argues that: (a) the Defendant loaned money to the Defendant; (b) however, the money was sent to Chokin-do’s passbook; and (c) transferred money to 35 million won to D’s account on June 1, 2015; and (d) the interest was paid three times up to August 1, 2015; and (b) the Defendant did not receive any payment, and thus, the Plaintiff should receive KRW 35 million and interest payment from the Defendant.
(2) On January 2014, the Defendant: (a) sought to borrow money from the Plaintiff; (b) there is no problem for the Plaintiff to borrow money from the Plaintiff; and (c) to borrow money from the Plaintiff to the Republic of Korea; and (d) to make a guarantee for the Plaintiff, upon request from the Defendant who believed it and was financially financed, D lent KRW 60 million to C’s account on several occasions.
D, however, around May 2015, at the time of the request for the repayment of the borrowed money, it was delivered to C and requested the repayment of the borrowed money. However, C is not sold with E land.