1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 13, 2014, the Defendant borrowed KRW 100 million from the Plaintiff at an annual interest rate of 30% for the opening and operation of the restaurant “D” (hereinafter “instant restaurant”) located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. For that purpose, the Defendant issued a promissory note with a face value of KRW 130 million to the Plaintiff on October 15, 2014, changing the name of the lessee of the instant restaurant as the Plaintiff and issued a promissory note with a face value of KRW 130 million to the Plaintiff on October 15, 2014.

B. On January 5, 2015, the Plaintiff: (a) KRW 11,869,607 in terms of operating expenses of the restaurant in this case; (b) KRW 3,825,170 in terms of electric rent on the 20th of the same month; and (c) KRW 90,000 in terms of the cost of installing a signboard on the 28th of the same month; and

3. 17. A total of KRW 17,284,777, including KRW 1,50,00,000 as real estate fees (= KRW 11,869,607, KRW 3,825,170, KRW 90,000) paid for the defendant.

C. On November 18, 2014, the Defendant failed to pay interest of KRW 2,500,000 to the Plaintiff as interest, and on December 12, 2014, the Defendant reported the closure of the instant restaurant and waived its business.

On February 16, 2015, the Plaintiff, a lessee of the instant restaurant, received KRW 65 million in premium by March 16, 2015, when transferring the status of the lessee of the instant restaurant to E. The Plaintiff received KRW 65 million in premium by March 16, 2015. The Plaintiff also received KRW 60 million in the lease deposit of the instant restaurant.

Although the Plaintiff asserted that only 49,669,127 won, which is part of the above deposit, was returned, it is insufficient to recognize the Plaintiff’s assertion by itself.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 3 (including paper numbers)

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff lent KRW 100 million to the defendant on the condition that he received interest calculated at an annual interest rate of 30%, and additionally lent KRW 17,284,777 (the total sum of KRW 117,284,77 paid as above is referred to as "the loan of this case"). The defendant extended interest to this day with KRW 2.5 million and the premium of the restaurant of this case.