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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 facts that the Plaintiff leased KRW 30 million to the Defendant on May 26, 2008 (hereinafter “instant loan”) do not conflict between the parties, or can be acknowledged by the statement in Gap evidence No. 1.
2. Determination
A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 30 million, except in extenuating circumstances.
B. The defendant's defense (1) The defendant's assertion is a defense that C is unable to respond to the plaintiff's claim since C has exempted the defendant from the defendant's debt.
(2) In full view of the purport of the entire pleadings, the following facts are recognized in regard to the descriptions of Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 2.
(A) At the time when the Plaintiff leased the instant loan to the Defendant, the Plaintiff and the Defendant were residing in Indonesia, and C was the husband of the Defendant.
(B) C requested the Defendant to provide financing due to the lack of balance in purchasing apartment buildings in Korea. Accordingly, upon the Defendant’s request to the Plaintiff, the Plaintiff took the form of lending KRW 30 million to the Defendant. The substance was directly 30 million to C through D located in Korea, and the interest was paid to C through D.
(C) Around 2010, the Defendant and C were divorced, and on May 16, 2013, the Plaintiff and D agreed to receive the instant loan from C, and on May 16, 2013, the Plaintiff and D prepared a written confirmation (Evidence No. 1; hereinafter referred to as the “written confirmation”) to the Defendant, stating, “I will confirm that I will not take any legal and criminal measures as to the money loaned from B was paid in full as of May 16, 2013, and that I will not have any obligation (existence) after May 16, 2013.”
(3) The above facts of recognition are as follows, i.e., the loan of this case, which can be combined with the purport of the entire argument in the above evidence.