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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 Plaintiff and the deceased C (hereinafter “the deceased”) are married with each other, and the Defendant is the birth of the deceased.
B. (1) On January 31, 1991, the Deceased was loaned KRW 25 million at the due date from the retired Saemaul Depository on January 31, 1991, at the rate of 14.5% per annum, and at the rate of overdue interest rate of 7.5% per annum.
(2) On February 5, 1991, the Plaintiff borrowed 25 million won from the Resignation Saemaul Fund at the time of maturity at the rate of February 5, 1992, 14.5% per annum, and 7.5% per annum.
C. Around March 18, 1991, the above loans to the deceased's retired Saemaul Depository were fully repaid, which was paid by the Defendant (the face value KRW 25 million, the issue date, March 18, 1991, and the check number D). The above checks were written by the Plaintiff's endorsement.
Grounds for recognition: A1-3, and the whole purport of the pleading
2. Determination
A. The Plaintiff’s assertion and the Deceased received each loan of KRW 25 million from the retired Saemaul Fund and lent all of them to the Defendant. The Defendant only repaid the deceased’s loan, and the Plaintiff’s loan was not repaid.
Therefore, the defendant is obligated to pay to the plaintiff the above loan 25 million won and damages for delay.
B. On February 5, 1991, the defendant asserted that he borrowed KRW 25 million from the plaintiff as the due date for one month, and only repaid this to the plaintiff on March 18, 1991, and did not borrow money from the deceased.
Inasmuch as the Plaintiff’s loan to the Defendant was fully repaid, the Plaintiff’s claim is without merit.
C. The Plaintiff’s assertion is premised on the premise that not only the Plaintiff but also the Defendant lent KRW 25 million to the Defendant. There is no evidence to prove that the Deceased lent KRW 25 million to the Defendant.
In addition, the defendant borrowed KRW 25 million from the plaintiff, but around March 18, 1991, a loan to the deceased's retired Saemaul Depository was repaid at the face value of KRW 25 million.