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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 plaintiff asserted that on February 1, 2005, the plaintiff lent to the defendant 350,000,000 won to the defendant without an interest agreement with the due date set on August 30, 2006. Thus, the defendant is obligated to pay the above loan and delayed payment damages to the plaintiff. Accordingly, the defendant asserted that since the plaintiff expressed his/her intention to waive all rights to the above loan to the defendant, it cannot respond to the plaintiff's claim.
2. The plaintiff, on February 1, 2005, lent KRW 350,00,00 to the defendant on August 30, 2006 without an interest agreement (hereinafter the above 350,00,000,00) due date for payment. There is no dispute between the parties. However, considering the whole purport of the plaintiff's argument in the statement of evidence No. 6, it is acknowledged that the items concerning the loan of this case are not stated in the plaintiff's balance sheet, and the above facts are acknowledged that the plaintiff added the whole purport of the argument in the statement No. 3 and No. 4 as well as the above facts. In other words, since the loan of this case was prepared at the time when the plaintiff paid the loan of this case to the defendant and a promissory note was issued as a collateral, the plaintiff did not possess the above loan certificate and the original copy, and there is no evidence to find that the plaintiff had urged the defendant to repay the loan of this case before the plaintiff exercised the loan of this case, and it cannot be viewed that the plaintiff did not exercise the loan of this case.