1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From April 2003 to June 2015, the Defendant leased and operated a “D pharmacy” located in the first floor of the Incheon Jung-gu building C from the Plaintiff.

B. During the above lease period, the Plaintiff lent to the Defendant a total of KRW 50 million, including KRW 15 million on December 18, 2007, KRW 20 million on October 31, 201, KRW 31,5 million on May 31, 201, and KRW 50 million on May 31, 2012.

(hereinafter referred to as “instant loan”). The Defendant regarding the payment, etc. of the instant loan, etc., on February 18, 2014, shall pay the Plaintiff the face value of KRW 50 million and the date of payment.

5.22. The Promissory Notes were issued, and the said Promissory Notes were payable upon the date of payment due to the report of acceptance.

Accordingly, on June 9, 2014, the Plaintiff filed a lawsuit against the Defendant for the payment of the said promissory note (this court 2014da38202), and the Defendant repaid the Plaintiff the said KRW 50 million on the 26th of the same month, and the Plaintiff withdrawn the said lawsuit on the 30th of the same month.

C. Meanwhile, in addition to the instant loan, there was a separate loan transaction between the Plaintiff and the Defendant as follows.

On January 20, 2007 (25 million won) and October 1 (25 million won) of the same year, the Plaintiff extended twice to the Defendant at the interest rate of 2% per month (1 million won per month).

The defendant paid 1 million won interest per month for about seven years thereafter to the plaintiff, and 20 million won per month for February 22, 2014, and the same year

7. On June 16, 198, the principal and interest of KRW 30 million were paid to the Plaintiff in sequence, and the principal and interest were fully paid.

On June 9, 2014, the above payment date, the Plaintiff filed an application with the Defendant for a payment order (this court 2014 tea5785) claiming for the above separate loan amounting to KRW 50 million. On July 16, 2014, the Plaintiff drafted a factual confirmation (No. 5) stating that the Plaintiff would withdraw the above payment order along with the return of two copies of the loan certificate (No. 13) on the ground that the Defendant was fully paid the balance of KRW 30 million from the Defendant on July 16, 2014.

However, the above payment order is actually requested.