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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 following facts do not conflict between the Parties:
In 2017, the Plaintiff paid KRW 32.8 million to the Defendant, and the Defendant entered into a consignment cultivation agreement between the Plaintiff and the Defendant to cultivate spawn and harvest season, and paid KRW 32.8 million to the Defendant.
B. In accordance with the above contract, the Defendant cultivated both trends in the second half of 2017, and prepared a certificate of borrowed money on January 9, 2018, stating that “The Defendant would have borrowed KRW 32.8 million from the Plaintiff on December 31, 2018,” with the effect that “the Defendant would have borrowed KRW 32.8 million from the Plaintiff on December 31, 2018” to the Plaintiff.
C. In the second half of the year of 2018, the Defendant cultivated double plantations, which the Plaintiff harvested and shipped the expenses.
[Ground of recognition] A-1] Facts without dispute, entry of Gap's evidence, purport of whole pleading
2. Summary of the parties' arguments
A. In 2017, the Defendant: (a) sought reimbursement of KRW 32,80,000 to the Plaintiff instead of the Plaintiff’s harvest and distribution; and (b) drafted the instant loan certificate.
After that, the Defendant, who leased another parcel of land and cultivated the plantation again, expected to repay the borrowed money, and the Plaintiff borrowed the labor cost and the seed expenses, and additionally lent KRW 8 million to the Plaintiff.
In 2019, the plaintiff would have been harvested directly from his own expenses, which he had been cultivated by the defendant, and the plaintiff would have been entitled to the payment of KRW 25,097,134, including the amount of KRW 32.8 million originally promised or the amount of KRW 8 million additionally loaned by the plaintiff to the defendant for the reason that such expenses would not be less than the amount of the loan for personnel expenses and the seed expenses.
B. The Defendant issued the instant loan certificate to the Plaintiff.