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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2009, the Plaintiff entered into a monetary loan agreement with a medical corporation Cmedical Foundation (hereinafter “instant foundation”) with the following content:
(hereinafter “instant contract”). [Article 1] The Plaintiff, on June 15, 2009, lent a loan of KRW 150 million from a corporate bank (hereinafter “instant loan”) to the Foundation, and the said Foundation borrowed the loan.
The composition of the borrowed amount shall consist of KRW 150,000,000 in cash for bank loans in the name of the Plaintiff.
[Article 2] The due date for repayment of the loan shall be June 15, 2012.
[Article 3] Interest on bank loans shall be paid to the Bank by the Foundation of this case each month using the loan passbook at the relevant bank fluctuation rate.
B. The Foundation of this case failed to pay the Defendant the loans of this case until now.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion that the defendant assumed the obligation under the contract of this case, and thus, the defendant is obligated to pay the loan under the above contract to the plaintiff.
B. According to the statement in Gap evidence Nos. 3 through 6, the defendant mentioned the loan of this case to the plaintiff on Oct. 6, 2009, and sent the e-mail with the purport that "A shall be liable for the payment of interest and repayment of principal". The defendant remitted the amount equivalent to the interest on the loan of this case from October 201 to July 201, and the fact that the loan of this case was used for the purchase of land by D, which the defendant was a representative director.
However, unless there are special circumstances, the existence and contents of the expression of intent should be acknowledged in light of the following circumstances, i.e., the evidence and the purport of the entire pleadings, provided that in the case of a disposal document, the objective meaning of the text is clear.