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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 asserts that the defendant and C are jointly and severally liable with C to pay the above KRW 40 million and delay damages to the plaintiff, since the defendant agreed to pay 1 million won per month as interest rate, while lending 7% per annum as family living expenses. However, the defendant did not pay the principal.
However, according to the statement in Gap evidence No. 1, although the plaintiff transferred the total of KRW 40 million to C’s account on December 29, 2015 and January 22, 2016, the fact that the plaintiff transferred KRW 20 million to C’s account on January 22, 2016 is recognized, it is not sufficient to recognize that the plaintiff lent KRW 40 million to the defendant solely on the above fact of recognition, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.