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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. On January 11, 2016, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 60 million to the Defendant, but the Defendant did not repay the loan to the Plaintiff up to the present day. Therefore, the Defendant is liable to pay the Plaintiff the loan amounting to KRW 60 million and the delay damages therefor.
B. On January 11, 2016, the Defendant: (a) borrowed KRW 60 million from C; (b) stated that “the full receipt of KRW 60 million was made; and (c) written a loan certificate to C only until the Defendant’s name and seal was affixed; and (d) subsequently, repaid all of the above loans.
However, without authority, the plaintiff supplements the name and seal of the plaintiff in the above loan certificate to the defendant for the repayment of the loan.
2. In light of the following facts and circumstances, it is difficult to believe that the statement of No. 1 and the witness C, which seems to correspond to the plaintiff's assertion, are admissible by the statement of No. 1 to No. 3, No. 2 and No. 3, and there is no other evidence to prove otherwise.
① On January 11, 2016, the Defendant: (a) drafted and delivered the instant loan certificate to mean “a confirmation of KRW 60 million in borrowing KRW 60 million from C; and (b) asserted that the Plaintiff arbitrarily stated the Plaintiff’s name and signature at the end of the instant loan certificate.
However, on January 11, 2016, C remitted the sum of KRW 58,00,000 to the Defendant’s D Bank Account (Account Number E). The date the money was transferred to the Defendant account is the same as the date the instant loan certificate was prepared, and the amount of the money remitted to C is almost different from the amount stated in the said loan certificate.
② From January 12, 2016 to February 29, 2016, the Defendant paid C totaling KRW 61 million on three occasions between January 12, 2016 and February 29, 2016, and C totaling KRW 60 million to the Defendant on February 29, 2016.