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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant were married on March 3, 2010 and were in marital relationship, but they are currently in divorce proceedings.
B. The Plaintiff transferred a total of KRW 175 million from May 29, 2010 to the bank account in the name of the Defendant (hereinafter “instant account”) as indicated in the following table, to 11 times from September 20, 2013.
C. The Plaintiff’s holding the Defendant’s certificate of borrowing (No. 2-1, hereinafter “the instant certificate of borrowing”) on December 19, 2012, stating that “The amount of borrowing: 165,00,000 won, and the purpose of borrowing: (a) the investment by the vehicle in the business of the mushroom: The rate of interest on a fixed deposit at the time: June 30, 2013; and (b) the date of redemption: June 30, 2013; and (c) the instant certificate of borrowing was accompanied by the Defendant’s seal imprint affixed to the Defendant’s seal imprint and the Defendant’s seal imprint affixed on May 16, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Defendant requested the Plaintiff to lend money to the Plaintiff on the ground that “Second, the Ministry of Land, Transport and Maritime Affairs obtains enormous income from the vehicle in Russia as a mushroom business. The Plaintiff provided that the Plaintiff would guarantee a large amount of income when making an investment to Fussia.”
Accordingly, from May 29, 2010 to December 19, 2012, the Plaintiff loaned a total of KRW 165 million to the account in this case on nine occasions. On December 19, 2012, the Plaintiff agreed with the Defendant to lend a total of KRW 165,000,000 to the account in this case by setting the interest rate on fixed deposit during the time deposit and the due date for repayment on June 30, 2013. After that agreement, the Plaintiff made a loan to the Defendant without setting the interest rate and the due date.
B. Of the money remitted to the Defendant’s instant account, KRW 10,000,00, which was remitted on April 11, 201, to the Defendant’s assertion, against C, a resident on the certified copy of the real estate awarded by the Plaintiff at auction.