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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. The Plaintiff and the Defendant’s partnership business relationship, etc. 1) The Plaintiff and the Defendant together with C for the purpose of leasing and selling construction machinery. D (hereinafter “D”) established on October 14, 2009 for the purpose of leasing and selling construction machinery.
2) On July 13, 2010, the Plaintiff, the Defendant, and C agreed to settle the partnership business relationship, and the non-doer of D’s assets is the Defendant, the F non-doer (hereinafter “instant non-doer”) shall be operated respectively by the Plaintiff, and G non-doer shall be the Plaintiff, and G non-doer shall be the Plaintiff, and G shall bear the amount of debt by equipment (the amount after deducting the lease balance from the appraised value, the Plaintiff’s amount of debt shall be 61,631,167 won), and the amount of debt shall be repaid to the Defendant.
B. On July 13, 2010, the Plaintiff borrowed 61,630,000 won from the Defendant as interest rate of 1.2% on July 13, 2010, and issued to the Defendant a cash loan certificate stating that the Plaintiff borrowed 61,630,000 won from the Defendant as interest rate of 1.2% on October 31, 201, a cash loan certificate stating that the Defendant borrowed 77,397,000 won from the Defendant as interest rate of 1.2% on December 15, 201, the Plaintiff repaid 95,000,000 won from the Defendant to the Defendant until December 28, 2011, and issued the Defendant a cash loan certificate stating that the Plaintiff would repay 61,630,00 won to H (hereinafter “H”), and the Plaintiff repaid 35,00,000 won to H (hereinafter “35,00,000 won”).
(3) In conducting monetary transactions, the Plaintiff and the Defendant agreed to receive the instant non-doer’s ownership from D on May 31, 2013, and acquired the ownership of D on June 3, 2013. (4) The Plaintiff and the Defendant jointly and severally guaranteed the Defendant’s obligation to repair construction machinery and pay for parts to D Co., Ltd. by June 28, 2013. The Plaintiff and the Plaintiff jointly and severally agreed to obtain KRW 20 million until June 30, 2013, and KRW 20 million until July 31, 2013, and KRW 20 million until August 31, 2013, respectively.