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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the purport of the evidence No. 1-1 and No. 2 of the judgment as to the cause of the claim, the Plaintiff loaned money to the Defendant from around 2003, the Defendant: (a) borrowed KRW 30 million from the Plaintiff on March 30, 2010; and (b) written a loan certificate stating that “on November 30, 2010, the Plaintiff borrowed KRW 20 million from the Plaintiff and would repay it by November 30, 201; and (c) on December 14, 2010, “on December 14, 2010, the Plaintiff borrowed KRW 20 million from the Plaintiff and would repay it by January 30, 201.”
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50 million and damages for delay.
2. The defendant asserts that the defendant paid all the above borrowed money.
According to the overall purport of the statements and arguments in Section B-1 and Section B-2, the Plaintiff and the Defendant, on March 30, 2010, calculated a loan certificate of KRW 30 million by settling accounts for loans, etc., and thereafter, from April 1, 2010 to December 2, 2010, the amount deposited from the Plaintiff’s account into the Plaintiff’s account in the name of the Defendant and the Defendant’s operation was KRW 40 million (the Defendant borrowed KRW 25 million from the Plaintiff on August 25, 2010). The Plaintiff and the Defendant concluded a loan certificate with the effect that “The Plaintiff borrowed KRW 25 million from the Plaintiff.” During the above period, it is recognized that the sum deposited from the Plaintiff’s account in the name of the Defendant and D-based account was KRW 46,400,000,000 from the Plaintiff’s account to the Plaintiff on December 16, 2014.
In full view of the above facts of recognition, around December 14, 2010, the Defendant’s loan obligation against the Plaintiff remains 23.6 million won (total loan amount of KRW 70 million - repayment amount of KRW 46.4 million). The Defendant drafted a certificate of loan of KRW 20 million on December 14, 2010 in the sense of settlement.