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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On May 31, 2019, the Plaintiff entered into an entrusted contract with the Defendant to entrust the Plaintiff with the operation of the instant store (hereinafter “instant store”) operated by the Defendant (hereinafter “instant contract”).
B. On June 25, 2019, the Defendant transferred KRW 10,000,00 from the Jeju Bank Account (Account Number: E) to the account in the Plaintiff’s name. On the same day, the Defendant drafted and issued a loan certificate stating that the repayment period of KRW 10,000,000 shall be December 24, 2019 and the interest shall be 6.5% per annum (hereinafter “the first loan certificate of this case”).
C. On July 18, 2019, the Defendant remitted KRW 20,000,00 from the account in the name of the Plaintiff to the account in the name of the Plaintiff. On the same day, the Defendant prepared and issued a loan certificate with the content that the repayment period of KRW 20,000,000 from the Plaintiff on January 17, 2020 and the interest rate of KRW 6.5% per annum (hereinafter “the second loan certificate of this case”).
In addition, the Defendant borrowed KRW 40,000,00 from Nonparty G Co., Ltd. on June 27, 2019, and then remitted KRW 20,000,000 from the account under the name of the Defendant to the NongHyup Bank account on August 1, 2019, and KRW 18,000,000 on September 8, 2019, respectively, from the Plaintiff on August 8, 2019, the Defendant drafted and received a loan certificate with the following contents (hereinafter “the third loan certificate of this case”) as to KRW 38,00,000,000 in total, and the loan certificate of this case was referred to as “the third loan certificate of this case”).
The loan amount: The loan amount borrowed on June 27, 2019: The date of repayment and the period of repayment on June 27, 2019: The loan interest and the period of payment on June 31, 2019: the interest and the total amount of payment (38,000,000) shall be paid in a lump sum on the due date. The account number for the refund of the loan amount paid at the rate of 6.5% per annum from the following day of the due date: the Plaintiff, the EF store, as the interest, calculated at the rate of 6.5% per annum, and paid at the rate of 6.5% per annum: the expenses for the repayment of the loan amount received from G (UF bank) shall be from the creditor (Defendant).