1. The plaintiff's claim is dismissed.

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

On April 17, 2008, the Plaintiff asserted that the Plaintiff lent KRW 100 million to the Defendant on June 17, 2008, setting the due date for payment and sought the return of the loan.

The plaintiff's assertion is detailed that "the plaintiff received a loan certificate (No. 1) from the defendant through E and F on April 17, 2008, and lent KRW 100 million to the defendant by delivering a check equivalent to KRW 100 million at face value to the defendant, and at the time the defendant was paid a 3 million interest per month (3 million won per month) from the defendant, and there is the enemy who was paid the above interest in lieu of the above interest accrued over 2 to 3 times, and E guaranteed the defendant's obligation."

Defendant merely borrowed KRW 100 million from E on April 17, 2008 and delivered a loan certificate to E, and did not borrow money from the Plaintiff, and thereafter, the judgment that “Defendant shall pay the above KRW 100 million and damages for delay to G” (Seoul Central District Court Decision 2009Da495627) was issued and finalized, and the above debt has been repaid to G.

The plaintiff's claim is improper.

Judgment

A. According to Gap evidence Nos. 1, 4, 6, 7, and 9 as shown in the plaintiff's assertion and witness E's testimony, the defendant prepared a loan certificate to the effect that the defendant borrowed KRW 100 million on April 17, 2008 (hereinafter "the loan certificate of this case" and the above KRW 100 million "the loan of this case") and ② Eul borrowed KRW 100 million on April 17, 2008 from the Seoul Central District Court case No. 2008Da5599 (hereinafter "related criminal case") prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "Fraud") to the effect that he/she was the defendant, not himself/herself, and ③ telephone conversations with the plaintiff on Nov. 15, 2017, which received the loan certificate from the defendant on April 17, 2008 and brought it to the plaintiff at the time of the check.