1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 2001, the Plaintiff visited the Defendant’s book lending store operated by the Defendant, and maintained friendship between the Defendant and the Defendant, such as gathering circumstances or financial issues.

B. On April 24, 2017, the Plaintiff withdrawn KRW 10 million and KRW 30 million on June 23, 2017 from each Plaintiff’s deposit account under the name of each Plaintiff as a one foot check, and then delivered it to the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including the number of each branch), the purport of the whole pleadings

2. The Plaintiff asserts that the Defendant paid the sum of KRW 40 million on April 24, 2017 and June 23, 2017 to the Defendant as a check and lent the sum of KRW 40 million on June 23, 2017, and sought payment of KRW 40 million and damages for delay.

The following circumstances may be acknowledged in full view of the purport of the entire pleadings in the descriptions of Gap evidence 1 through 10, Eul evidence 1 and 2.

1) The Plaintiff did not directly transfer the sum of KRW 40 million to the Defendant’s deposit account under the name of the Defendant, but did not withdraw the check and deliver it to the Defendant, so it is difficult to confirm that the person to whom the pertinent check was issued is the Defendant solely on the account transaction. Nevertheless, the Plaintiff did not prepare all documents, such as a loan certificate, etc. between the Defendant and the Defendant.

In order to purchase land or purchase land, it is argued that the Defendant lent the sum of KRW 40 million to the Defendant without any agreement on the due date or interest.

However, the plaintiff's assertion that a considerable amount of money has not been properly confirmed without the agreement on due date or interest, is difficult to obtain even if the relationship with the original defendant is considered.

On June 23, 2017, the defendant did not immediately consume KRW 30 million from the plaintiff and stored it in the deposit account under the name of the defendant for a period of three months.