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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On April 3, 2006, the Defendant borrowed 50 million won from the Plaintiff (after six months of payment period) and 20 million won from the Plaintiff’s spouse C on two occasions on August 2005, and did not repay it. In relation to the criminal complaint filed by the Plaintiff’s husband, the Plaintiff promised to pay KRW 20 million to the Plaintiff within six months of the borrowing amount of KRW 50 million from the Plaintiff’s spouse C. As the Plaintiff’s husband was subject to criminal complaint, the Plaintiff’s husband promised to pay KRW 20 million to the Plaintiff.
Appellants, the defendant sought payment of KRW 50 million and damages for delay against the defendant.
However, each statement in Gap evidence Nos. 1 and 2, consistent with the plaintiff's above assertion, is hard to believe it as it is with the criminal complaint and content certificate which contain only the plaintiff's unilateral assertion, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim is dismissed for lack of reason.