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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was to lend KRW 106,80,000 to the Defendant several times from October 13, 1998 to November 5, 2009. However, the Defendant is obligated to pay the Plaintiff the remainder of KRW 71,80,000,000, and interest or delay damages therefrom, on which the Defendant paid only the principal amount of KRW 35,000,000, and interest until September 1, 2016, and did not pay the remainder of the principal and interest. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 71,80,000 and the interest or delay damages.
2. Determination
A. The plaintiff's loan principal was examined, and the plaintiff and the defendant had several monetary transactions from October 13, 1998. The defendant stated that "50 million won will be repaid until April 30, 2009" to the plaintiff on October 30, 2008.
The fact that the Plaintiff prepared and transferred money to the Defendant after the date of preparation of the Plaintiff’s bank transaction statement, can be acknowledged that there was no details of remittance of money to the Defendant.
According to the above facts, it is reasonable to view that the Plaintiff and the Defendant agreed to settle the monetary liabilities owed by the Defendant in connection with the existing monetary transactions at KRW 50,000,000, based on the written confirmation of this case around October 30, 2008.
The plaintiff asserts that he additionally lent KRW 10,00,000 to the defendant on January 21, 2009, KRW 9,500,000 on March 10, 2009, KRW 20,000 on June 10, 2009, KRW 3,000,000 on July 16, 2009, KRW 5,000,000 on November 25, 2009, and KRW 5,00,000 on November 5, 209, respectively, and KRW 5,00,000 on November 5, 209. According to the evidence evidence No. No. 1, it is recognized that the money corresponding to the plaintiff's account was withdrawn on each of the above temporary deposits claimed by the plaintiff, but there is no other evidence that the money was withdrawn on each of the above facts and evidence No. 5-1, 200,000 on each of the above loans.
Therefore, as of October 30, 2008, the Defendant’s obligation to pay money to the Plaintiff is KRW 50,000,000, and the Defendant’s money is money from the Plaintiff.