1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff lent to the Defendant a total of KRW 38,678,00,000 for promissory notes, as follows:

The issue date of the bill number on April 14, 2005, KRW 100,000,000 on August 14, 2005, KRW 1000,000,000 for the issuance date of the bill.

B. On April 22, 2005, the Defendant prepared a promissory note loan certificate (Evidence No. 2) and a cash custody certificate (Evidence No. 3) to the effect that “each of the above promissory notes will be settled on the date of payment, and if the Plaintiff, the issuer, was unable to make such settlement, he would pay the above promissory note.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. As to the Plaintiff’s claim for the payment of the agreed amount of KRW 380,678 million and damages for delay, the Defendant asserts that ① all of the above money was repaid, and ② even if not repaid, the Plaintiff’s claim has expired.

A. According to the evidence Nos. 1) 4 and 7, the defendant transferred the above amount of KRW 35 million to the plaintiff on August 16, 2005, which was around the date of payment of the above amount of KRW 1,500,000,000,000 to the plaintiff on October 31, 2005, which was around the date of payment of the above amount of KRW 6.6 million. Therefore, the defendant's above agreed amount of KRW 38,678,00,000,000, out of KRW 31,600,000,000,000,000 to the plaintiff was extinguished. The defendant asserted that the above amount of KRW 4,518,00,000,000,000,000,000,000 for the following reasons. However, there is no sufficient evidence to acknowledge this.

In other words, when the defendant was unable to repay the above KRW 38,678,00 to the plaintiff, August 2005.