1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion and the Defendant, on February 2003, agreed to purchase KRW 321,00,000,000 from the Busan Fung-gu, which was owned by C (hereinafter “F land”) and then divide the price into 1/2 at the time of sale of the said real estate in the future. The Plaintiff and the Defendant purchased part of the purchase price and registered the said real estate in the name of the Defendant’s wife G.

However, even though the defendant sold the above real estate and did not pay 1/2 of the proceeds of sale promised to gain a substantial profit to the plaintiff.

On the other hand, at the request of the defendant, the plaintiff lent money to the defendant from time to time on May 16, 2005, and around 120,000,000 out of the above borrowed money on October 14, 2010.

Therefore, the Plaintiff primarily sought payment of KRW 100,000,000,000 from May 16, 2005 to the Defendant, and subsequently, sought payment of KRW 100,00,000, out of the agreed amount arising from the sale of F land.

B. The Defendant’s assertion not only did the Plaintiff borrow 120,000,000 won from the Plaintiff, but also had the statute of limitations expired even if there was a debt owed to the Plaintiff.

2. According to the reasoning of the judgment below, the loan certificate No. 1 (the loan certificate) stated that the defendant borrowed KRW 10,000,000 on May 7, 2005 and that the defendant borrowed KRW 120,00,000 on May 16, 2005, but the above loan certificate does not clearly indicate who is the lender. In addition, even if the plaintiff lent KRW 120,00,000 to the defendant without fixing the due date for payment on May 16, 2005, as alleged by the plaintiff, even if the plaintiff lent KRW 120,000 to the defendant without fixing the due date for payment on May 16, 2005, the loan claim has expired due to the lapse of 10 years after the lawsuit of this case was filed. Thus, the plaintiff's above assertion is without merit.

On the other hand, however,