1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Judgment on the plaintiff's claim

A. The gist of the assertion is that the Plaintiff is obliged to pay the Plaintiff the above loan amounting to KRW 56,000,000 and the delay damages therefrom, since the Plaintiff set interest at 12% per annum to the Defendant around 2003 and lent KRW 56,00,000 to the Defendant.

B. Determination 1) The Defendant asserted that the Defendant loaned KRW 36,00,000 from the Plaintiff on March 3, 2003, as there is no dispute between the parties, and the Defendant is obligated to pay the Plaintiff the above loan KRW 36,000,000 and the delay damages therefor. 2) Furthermore, the Plaintiff borrowed KRW 20,000 to the Defendant around 2003, and that the Defendant borrowed KRW 20,000 from the Plaintiff (one person E) to the effect that the Plaintiff borrowed KRW 20,000 from the Plaintiff.

According to Eul evidence 3-2 and 3-2, the defendant may recognize the fact that on January 11, 2005 and February 1, 2005, the defendant remitted KRW 5,000,000 to the plaintiff's account in the name of the plaintiff. However, the plaintiff also claimed that the plaintiff shall return the above KRW 20,000 to D in the complaint of this case. The above remittance alone is insufficient to recognize that the defendant, not D, obtained a loan of KRW 20,000 from the plaintiff separately from the above KRW 36,00,000, and there is no other evidence to prove otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

3. In addition, the plaintiff asserts that he agreed to pay interest at the time of lending to the defendant 12% per annum, but there is no evidence to acknowledge this, the plaintiff's assertion on this part is without merit.

2. Judgment on the defendant's defense

A. The defendant's defense of performance is a defense that the defendant paid a sum of KRW 38,00,000 on September 10, 2004 and October 4, 2004, and all of the obligations to return the loan to the plaintiff.

In addition to the statement Nos. 2 and 3-1 through 3 of the evidence Nos. 3, the defendant is entitled to 8,000,000 won from the defendant's husband C's account under the name of the plaintiff on Sep. 10, 2004, and from the defendant's account under the name of the plaintiff.