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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 14, 2013, the Defendant drafted a cash loan certificate with the purport of borrowing KRW 20 million from the Plaintiff as of June 14, 2013 as of April 14, 2014 (hereinafter “the first loan certificate”).
B. As of July 16, 2013 and August 23, 2013, the Defendant prepared a loan certificate stating that KRW 40 million from the Plaintiff will be borrowed as of July 16, 2013 (hereinafter “the second loan certificate”), and written a loan certificate stating that the Plaintiff will borrow KRW 15 million from the Plaintiff as of July 16, 2014 (hereinafter “the third loan certificate”). On August 23, 2013, the Defendant drafted a separate loan certificate stating that the loan certificate will be borrowed as of September 23, 2013 (hereinafter “the third loan certificate”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Plaintiff, based on the loan certificate No. 1, remitted 20 million won to the Defendant under the name of the fraternity, and received the first loan certificate, and the Defendant agreed to pay to the Plaintiff a total of KRW 25,60,000 per month from July 2013 to the principal and interest on the above loan amount. 2) The Defendant, who filed a claim for the agreed amount based on the loan certificate No. 2 and 3, made money transaction several times from the Plaintiff while working in the entertainment tavern operated by the Plaintiff. The Defendant settled each settlement on July 16, 2013 and July 16, 2014, each of which the loan amounted to KRW 40,000 and KRW 15,000,000 in sequence, and the Defendant prepared the second and third share certificate to the Plaintiff and agreed to pay the Plaintiff each of the above loan certificates to the Plaintiff.
3) From July 30, 2013 to November 3, 2014, the Defendant paid to the Plaintiff KRW 4,258,00,000,000 to the Plaintiff. This would be 16,980,000 won (= KRW 4,528,000 - 2,560,000) as the principal and interest of the fraternity on the first loan certificate of this case. This would be 15,00,000 won, whichever is earlier, out of the agreed amounts on the second and third loan certificate of this case.