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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 parties' assertion
A. The Plaintiff asserted that: (a) on August 21, 2008, the Plaintiff agreed to the Defendant on November 29, 2008 with the maturity of payment on November 29, 2008; and (b) on 3% per month, lent KRW 15 million to the Defendant (prepaid interest at KRW 1.35 million); (c) on October 22, 2008, the maturity of payment was on January 27, 2009; and (d) lent KRW 20 million by concluding an agreement with the interest at KRW 3% per month.
(A) The Defendant is obligated to pay to the Plaintiff a sum of KRW 35 million and the interest rate of KRW 35 million from June 1, 2012 to the date of full payment, as the Defendant paid only part of the interest by May 30, 2012. As such, the Defendant is obligated to pay to the Plaintiff a sum of KRW 35 million and the interest rate of KRW 35 million from June 1, 2012 to the date of full payment.
B. The Defendant asserted that he did not borrow money from the Plaintiff, and that he only introduced C requesting a discount on a check to the Plaintiff and delivered money to the Plaintiff at the intermediate stage, and that he paid some of the money to the Plaintiff by May 30, 2012, not to the interest, but to the extent that C’s check at a discount was in difficult for the Plaintiff to live.
2. According to the statement in Gap evidence No. 1, the plaintiff remitted 1,365,00 won to the defendant on August 21, 2008, and 1,760,000 won on October 22, 2008, respectively. The defendant may recognize that the plaintiff remitted 2,740,000 won to the plaintiff on eight occasions from April 9, 2009 to May 30, 2012. However, it is acknowledged that the plaintiff transferred 1, Eul evidence No. 3, and Eul evidence No. 4 (including the serial number) to the defendant on a comprehensive basis as follows: (i) The plaintiff transferred the money in this case to the defendant, and (ii) the E family check issued by D and endorsed by C (3,000,000 won per face value per face value), and (iii) the plaintiff claimed that the defendant was entitled to the payment of the 3,000,000 won per face value per face value per bill, and (iv) the plaintiff was entitled to the defendant.