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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On December 28, 2012, the Plaintiff withdrawn cashier’s checks of KRW 50 million at par value and lent KRW 30 million to the Defendant on January 3, 2013.
[Ba 20,000,000 won shall be C(hereinafter referred to as "C") in which the defendant is the representative director.
(2) On March 7, 2013, the Plaintiff paid KRW 20 million to the Defendant as the acquisition price of 4,000 shares. In addition, on March 7, 2013, the Plaintiff set the due date for repayment of KRW 20 million to the Defendant as one month.
However, since the Defendant paid only KRW 10 million among the above loans, it is obligated to pay the remainder of the loans to the Plaintiff as well as damages for delay.
Judgment
Although there is no dispute between the parties that the Plaintiff issued a cashier's check of KRW 50 million to the Defendant around January 3, 2013 on the part of the claim for a loan of KRW 30 million on January 3, 2013, it is insufficient to recognize that the Plaintiff lent KRW 30 million to the Defendant only with the above-mentioned recognition and the entries in the evidence Nos. 3, 6, and 7 (including partial number of marks), and there is no other evidence to acknowledge otherwise.
Rather, if Gap evidence 3-1, 2, 3-2, and 3-B (in the absence of dispute over the part of the plaintiff's seal impression, the authenticity of the entire document is presumed to be established. The plaintiff asserts that the seal affixed to the investment contract was stolen by the defendant, but there is no evidence to acknowledge it) and Eul's each statement in the evidence No. 7, it is reasonable to view that the plaintiff entered into an investment contract with Eul to make an investment of KRW 50 million with the defendant's representative director, thereby acquiring 20% of the shares. The plaintiff takes over 400 shares of KRW C's 20% and entered in the register of shareholders on February 4, 2013. The plaintiff's text message sent to the defendant on the part of the defendant. Accordingly, it is reasonable to view that the plaintiff issued a cashier's check of KRW 50 million for the purpose of paying investment funds.