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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
[Claim by the Plaintiff] On April 1, 2013, the Plaintiff lent KRW 200 million to the Defendant on June 30, 2013 and 2% of the interest per annum. However, the Defendant paid KRW 84 million by January 25, 2015, and paid KRW 100 million on May 4, 2015.
The amount of the above full payment shall be KRW 16 million if the payment is made in the order of the interest (16 million) and the principal (84 million won) and the principal (84 million won).
Therefore, the defendant should pay to the plaintiff the balance of the principal and damages for delay.
[Judgment] According to the evidence Nos. 1 and 2, the fact that the Plaintiff deposited a total of KRW 200 million in the Defendant’s account on April 1, 2013 is recognized.
However, the defendant argued that his own account has been managed by husband C, and that he did not borrow money from the plaintiff.
In this context, the Plaintiff and the Defendant did not have any document, such as a loan certificate or cash storage certificate, and on August 29, 2016, the Plaintiff dialogueed with the Defendant’s husband C to the effect that he would have repaid the money with the Defendant’s telephone conversations with C, or on February 6, 2017, the Plaintiff took a private ties, etc. while telephone conversations with the Defendant’s husband C or D on February 6, 2017. The Plaintiff made a conversation with the Defendant that “C will take a private ties.” The amount of interest to be paid to the Plaintiff is as follows (No. 1, 2 (each recording) [No. 1, 1-2 (each recording)], E, F, G, HI, and J, which deposited interest to the Plaintiff under C’s instruction, and prepared a confirmation statement that the Plaintiff deposited money with the Plaintiff (No. 3-1, 5-1, 3-5), and there is no evidence to prove that the Plaintiff withdrawn the Defendant’s bond account from the Defendant’s account, including evidence evidence 1 or evidence.
Thus, the plaintiff's claim of this case is dismissed as it is without merit.