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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. Plaintiff’s assertion 1) On January 1, 2005, upon receipt of a request from Defendant 1 to December 15, 2005, the Plaintiff disposed of the car page in the Defendant’s possession, and requested the Defendant to lend the test money to the Defendant by the end of December 2005. The Plaintiff leased KRW 110,90,000 to the Defendant from January 17, 2005 to June 13, 2005. 2) The Plaintiff acquired D Co., Ltd. (hereinafter “D”) from the Defendant, established E Co., Ltd. (hereinafter “E”), and borrowed KRW 350,000,000 to the Defendant from March 2, 2005 to April 15, 2005.
3. Therefore, the defendant is obligated to pay to the plaintiff delay damages from January 1, 2006, which is the day following the due date for payment of the above loan, 460 million won in total, and the above loan.
B. The plaintiff alleged by the defendant does not lend KRW 460 million to the defendant, but paid the above money to the defendant or F with D's acquisition fund or company establishment fund in order to establish a company that accepts and operates D operated by F with the defendant. Thus, the defendant is not obligated to pay KRW 460,90,000 to the plaintiff.
2. Determination
A. First, according to the records in Gap evidence Nos. 1 through 5, with respect to the loan claims of KRW 110 million, the plaintiff can be recognized as remitting KRW 5 million on January 17, 2005, KRW 50 million on January 20, 2005, KRW 20 million on March 21, 2005, KRW 30 million on March 30, 2005, KRW 20 million on March 30, 2005, KRW 10 million on May 10, 2005, KRW 20 million on May 13, 2005, and KRW 290,000 on June 13, 2005, and there is no evidence to acknowledge that the above fact that the plaintiff has lent to the defendant's account.
Rather, according to the statement in Eul evidence No. 2, the defendant can recognize the fact that he remitted the above money to D's account on March 21, 2005, 20 million won on March 24, 2005, 20 million won on March 24, 2005, and 5 million won on March 31, 2005. The plaintiff is determined below.