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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On September 18, 2006, the Plaintiff asserted that the Plaintiff lent KRW 190,000,000 to the Defendant within one month from the date when the repayment was requested. On December 2006, KRW 110,000,000 was determined and lent after one year from the date when the repayment was due. The Defendant decided to pay KRW 190,000 on June 25, 2007, instead of paying the above KRW 190,000,000, on June 25, 2007, the Plaintiff agreed to pay KRW 230,000,000 by January 31, 2008, and drafted a loan certificate.
In addition, the defendant agreed to pay a certain amount of interest on each of the above amounts.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 340,000,000 ( KRW 110,000,000) and damages for delay.
B. The defendant's assertion that the defendant did not prepare a loan certificate of KRW 110,00,000, and the remaining loan certificates were made in the process of borrowing money from a third party by the plaintiff and the defendant, and the defendant did not receive the above money, and since the loan amount was settled in full, the plaintiff cannot respond to the plaintiff's claim.
2. First of all, we examine whether the Plaintiff lent KRW 110,00,000 to the Defendant, and evidence No. 2 (cash loan certificate) cannot be used as evidence because there is no evidence to prove the authenticity of the petition, and there is no other evidence to acknowledge the fact of lending KRW 110,00,000. Thus, this part of the Plaintiff’s assertion is without merit.
Next, in full view of the following facts: (a) whether the Plaintiff lent KRW 230,000 to the Defendant, the Plaintiff prepared a cash loan certificate with the purport that the Defendant borrowed KRW 190,000,000 from the Plaintiff on September 18, 2006 within one month from the date when the repayment was requested; (b) the Defendant newly prepared a cash loan certificate with the purport that the Defendant borrowed KRW 230,000,000 from the Plaintiff on June 25, 2007 as the maturity date on January 31, 2008; and (c) the previous loan certificate with the purport that the Plaintiff borrowed KRW 230,000 from the Plaintiff on January 31, 2008.