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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are those who are not members of the Daegu Northern-gu D church located in C, Daegu Northern-gu.
B. The Defendant, on November 11, 2013, assumed office as the representative director of E Co., Ltd. (hereinafter “E”), and E purchased the F and seven parcels from March 15, 201 and completed the registration of transfer of ownership on the 19th day of the same month.
(c)
On December 12, 2013, the Plaintiff remitted KRW 28,000,00 to the account held in the name of the Defendant. On the same day, the Plaintiff issued to the Defendant a check of KRW 20,000,000 at par value, and the Plaintiff issued a check of KRW 30,000 on February 13, 2014, and KRW 10,000 on the account held in the name of E, and KRW 10,00,000 on April 14, 2014;
3.4.2,00,000 won was remitted respectively.
(d)
On December 9, 2015, the Defendant transferred KRW 20,000,000 from the “G” account operated by the Defendant to the Plaintiff, and KRW 10,000,000 from the E account operated by the Defendant on November 17, 2016, respectively.
E. The Defendant prepared an investment agreement in the name of E (hereinafter “instant investment agreement”) and delivered it to the Plaintiff as shown in the attached Form E. However, the said investment agreement has a corporate seal affixed to E, but the Plaintiff’s seal is not affixed.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Summary of the parties' arguments
A. On December 2013, the Defendant loaned KRW 100 million to the Plaintiff on December 2, 2013, and then returned KRW 150,000,000 by adding the interest and principal to KRW 50% within six months to one year.
The plaintiff extended a total of KRW 90 million to the defendant.
However, since the defendant paid only KRW 30 million out of the above borrowed money and did not pay the remainder of KRW 60 million, the defendant must pay the plaintiff the above borrowed money and the delayed damages.
B. On December 2, 2013, Defendant introduced to the Plaintiff a housing site sale business (hereinafter “instant business”) that was in progress in F and 7 parcels of land in Samcheon-si, Suwon-si, and the Plaintiff would directly create the said business site and invest in the said business after having set up the said business site.