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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 plaintiff asserts that, on November 29, 2005, the plaintiff loaned 10% interest per annum to the defendant on November 29, 2005 and 300 million won per annum on November 28, 2006, respectively. Thus, the defendant is obligated to pay the above 300 million won and interest or delay damages to the plaintiff.
2. According to the statement in Gap evidence No. 1, it is recognized that the loan certificate in the name of the defendant as of November 29, 2005 (hereinafter "the loan certificate in this case") was prepared on November 28, 2006, with the loan amount of KRW 300,000,000, interest rate of KRW 10%, and due date for payment on November 28, 2006.
However, in light of the following facts, it is insufficient to recognize the fact that the Plaintiff lent the above KRW 300 million to the Defendant, and there is no other evidence to acknowledge the fact that the Plaintiff lent the above KRW 300 million.
The date of issuance of a certificate of personal seal impression attached to the certificate of the loan of this case, which was not indicated by the other party on the certificate of the loan of this case, is unclear as to whether the creditor is the plaintiff, and the date of issuance of the certificate of personal seal impression attached to the certificate of the loan of this case is a document connected with the certificate of the loan of this case on November 20
B. In order to claim a return of loan, the Plaintiff must prove not only the fact that the loan was concluded, but also the fact that the loan was delivered under the above contract. There is no evidence to prove that the Plaintiff paid the above KRW 300 million to the Defendant.
C. On April 4, 2001 to October 20, 2004, the Plaintiff: (a) between April 4, 2001 and October 20, 2004, the Plaintiff lent total of KRW 295,000,00 as business funds to Nonparty F Co., Ltd., a director or representative director; (b) D, the husband of the Defendant, as a director; and (c) D, the husband of the Defendant; and (d) Nonparty F Co., Ltd., who was the Plaintiff’s auditor, as the Plaintiff’s fraud, as the Plaintiff’s audit; and (d) the instant loan and interest were added to the loan.