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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff’s assertion on the cause of the claim agreed to jointly invest in E Formation Project (hereinafter “instant project”) promoted by the Defendant and Vietnam Companies (hereinafter “D”). The Defendant lent to the Defendant a total of KRW 270 million (i.e., KRW 10 million on May 11, 2009, KRW 70 million on July 27, 2009, and KRW 100 million on the part of the Defendant’s investment payment for the instant project (i.e., KRW 170 million).
C lent a loan to the Defendant for personal use of KRW 20 million on June 18, 2009, KRW 60 million on August 18, 2009, KRW 20 million on August 18, 2009, KRW 110 million on February 2010, KRW 10 million (= KRW 60 million on KRW 20 million).
C On March 30, 2017, upon transferring the above loan claim to the Plaintiff, C notified the Defendant of the assignment of the claim on April 24, 2017.
Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 380 million (= KRW 270 million) to the Plaintiff as the assignee with the above loan amounting to KRW 110 million. In some claims, the Defendant seek payment of KRW 350 million out of the above money and damages for delay.
Judgment
According to each statement of evidence Nos. 1, 2, 3, 7, 16, 18, and 20 (including a serial number) of the Defendant’s name: ① deposit of KRW 100 million in the F Bank account (G; hereinafter “F Bank account”) under the Defendant’s name on May 11, 2009; KRW 70 million in the name of H on July 27, 2009; ② deposit of KRW 100 million in the name of J Bank account under the Defendant’s name (K; hereinafter “J Bank account”); ② deposit of KRW 20 million in the name of the Plaintiff on June 18, 200; and deposit of KRW 60 million in the name of the Defendant’s L Bank account under the Defendant’s name (M Bank account; hereinafter “the instant L Bank account”); and ③ deposit of KRW 1608,000 in the instant account under the Defendant’s name of each of the instant case; and