1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion

A. The Plaintiff borrowed 160,000,000 won to the Defendant at 2.5% per month on the interest rate of 160,000 won as follows. The Plaintiff received a total of 160,000,000 won on the date and time of repayment on July 21, 2009 on the date and time of repayment (won) from the Defendant on March 13, 2008 (the amount of KRW 50,000,000 on July 21, 2009, May 25, 2008, 200,000 on September 4, 200, 200 on September 4, 200, 200 on September 10, 200, 200, 160,0000 on September 7, 200, 2009;

B. However, 9,500,000 won out of 160,000,000 won repaid by the Plaintiff, was repaid with the return of the amount of embezzlement of the interior construction cost. As such, 43,500,000 won out of the Plaintiff’s loan was still not repaid, and thus, the Plaintiff’s loan claim in this case is accepted.

2. The facts that there is no dispute between the parties to the judgment, the entries in the evidence No. 2-1 to No. 5, and the purport of the whole pleadings are as follows: according to the purport of the whole pleadings, the defendant was a merchant operating a restaurant business at the time when the plaintiff was lent from the plaintiff; and the plaintiff filed the lawsuit of this case on August 2, 2016 after five years have passed since the date when the last payment was made by the defendant, which was the commercial statute of limitations from the date when the defendant was repaid. Thus, even if the plaintiff's claim against the defendant remains as the plaintiff's claim, the claim against the defendant was extinguished

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.