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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 18, 2012, the Plaintiff and the Defendant heard the horses that “if a loan of KRW 200 million is lent, to repay KRW 350 million until February 17, 2013.” Around that time, the Plaintiff and the Defendant lent KRW 200 million each of the instant loans to C, while the Plaintiff and the Defendant shared KRW 70 million and the Defendant shared KRW 130 million, and D jointly and severally guaranteed the instant loan obligations to the Plaintiff and the Defendant.
B. As to the instant loan, the Plaintiff paid each of the Defendant KRW 30 million, around July 2012, and KRW 30 million around September 6, 2013, respectively.
C. In relation to the instant loan, the Plaintiff brought a lawsuit against C with this Court 2017Gahap632, which sought KRW 280 million, but adjusted on April 6, 2018 to receive KRW 217,00,000 from C until April 30, 2018, and received the said money around that time.
In addition, the Defendant also filed a payment order of KRW 175 million with the court No. 4113, Jun. 26, 2017 against C and D, and received KRW 150 million from C, etc. on the ground of the above payment order finalized as of July 11, 2017.
【Fact-finding without dispute over the basis of recognition, evidence Nos. 1, 2, 3 (including more than one number), and the purport of the whole pleadings.
2. On June 18, 2012, the Plaintiff and the Defendant leased KRW 200 million in total to C, each of which was borne by the Plaintiff, KRW 70 million, and the Defendant’s KRW 130 million.
The Plaintiff paid KRW 30 million to the Defendant in relation to the instant loan on July 2012, and agreed between the Plaintiff and the Defendant to lend KRW 100 million each of the instant loan to C, etc. In the latter case, around September 6, 2013, the Plaintiff paid KRW 30 million out of the amount of the instant loan that C, etc. must pay to the Defendant on behalf of the Defendant. Accordingly, the Defendant is obliged to return to the Plaintiff the amount of KRW 30 million out of the amount of the loan that C, etc. should have been repaid to the Defendant.