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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. The Defendant lent to the Plaintiff a total of KRW 200 million (hereinafter “the instant money”) including KRW 60 million on May 19, 200, KRW 40 million on May 29, 2000, KRW 50 million on June 25, 2000, and KRW 50 million on June 14, 2000, with respect to construction work for a company C (hereinafter “C”).
B. The Plaintiff repaid the Defendant a total of KRW 50 million on September 29, 2001, including KRW 30 million, and KRW 20 million on June 9, 2005, among the above loans.
[Ground of recognition] Facts without dispute, Eul's entry in the evidence 3-1 to 4, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The amount of this case is that the defendant invested in C, and even if the nature of the above amount is a loan that is not an investment loan, it shall be deemed that it is lent to C and its liability for repayment lies in C. Thus, in relation to the money of this case, the plaintiff's loan obligations against the defendant does not exist (Chapter 1) (Chapter 2). Even if the plaintiff's loan obligations with respect to the money of this case are recognized, the loan obligations against the defendant shall not be exceeded KRW 100 million, even if the plaintiff's loan obligations with respect to the money of this case are recognized, since the plaintiff's loan obligations with respect to the money of this case shall not be exceeded KRW 30 million on September 29, 2001, and KRW 20 million on June 9, 200, and KRW 100 million on January 19, 20
(2) The Plaintiff’s loan obligations against the Defendant are paid in kind in the amount of KRW 100 million on September 29, 2001 and June 9, 2005. However, the Plaintiff’s loan obligations against the Defendant were paid in kind in the amount of KRW 400,00,00,000. Thus, the Plaintiff’s loan obligations against the Defendant do not exist (section 3). (b) The Defendant’s loan obligations against the Defendant on May 19, 2000 to June 14, 200, extended to the Plaintiff four times between May 19, 200 and June 14, 200, and the Plaintiff paid KRW 50,000 to the Defendant on September 29, 200 and June 9, 2005.