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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On May 2, 2011, the Plaintiff asserted that: (a) lent KRW 50,000,000 to E, who is the actual operator of C (representative D; hereinafter “C”); (b) on such security, on June 12, 201, the Plaintiff drafted a contract to sell real estate of KRW 25.7 square meters or less (hereinafter “instant real estate”) to the Plaintiff, which is newly constructed on the land of Seocheon-si and three parcels (hereinafter “instant real estate”).
Since C transferred the instant real estate to the Defendant, and the Defendant acquired all the existing obligations of C, the Defendant, who assumes the obligation, is obligated to pay to the Plaintiff KRW 50,000,000 and damages for delay calculated at the rate of 5% per annum from June 12, 2011 to the date of delivery of a copy of the instant complaint, and from the next day to the date of delivery of a copy of the instant complaint.
B. The judgment of the court below is not sufficient to acknowledge the plaintiff's above assertion only with the descriptions of Gap evidence Nos. 1 through 5 (including each unit number), and there is no other evidence to prove otherwise.
Therefore, the plaintiff's claim of this case is without merit.
2. Accordingly, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.