1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On May 20, 2009, the Plaintiff’s gist of the Plaintiff’s assertion: (a) lent interest of KRW 0.6% per month to the Defendant; and (b) KRW 40 million without having set the due date; and (c) was paid only until March 25, 2013; and (d) accordingly, the Plaintiff claimed payment of KRW 40 million and delay damages from March 26, 2013.

B. The defendant's assertion stated that the defendant borrowed KRW 20 million from the plaintiff on May 11, 2009 and KRW 40 million on May 20, 200, respectively, but the defendant paid KRW 20 million with a promissory note payment offered at the time of discount, and that the loan amount of KRW 40 million was repaid with an agreement on the plaintiff's embezzlement.

2. Comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 8 (including paper numbers), the plaintiff lent KRW 40 million to the defendant on May 20, 2009, and received KRW 240,000 per month as interest on the above loan until March 25, 2013, and ② there was a verbal agreement between the plaintiff and the defendant on March 2013 with respect to the money issue arising from operation of Eul from around 2003 to the end of 2012, the plaintiff could not be paid interest on KRW 40,000 from the above loan amount to the defendant on March 2013, 201, ③ immediately after a written agreement between the plaintiff and the defendant on May 20, 2013, the plaintiff was paid KRW 400,000,000 to the defendant as above, and ⑤ The plaintiff could be recognized as having received the above real property from the plaintiff's land or the building No. 127 billion.

In addition to loans of KRW 40 million at the time of filing a lawsuit, the Plaintiff’s loan of KRW 20 million is added.