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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The plaintiff asserts that the defendant is responsible for paying 40 million won to the plaintiff since he lent 40 million won to the defendant at the interest rate of 3% per month and due date of payment on December 31, 2006. The defendant asserts that the defendant is not a loan to the defendant that the plaintiff paid 40 million won to the defendant. The defendant asserts that the amount of 40 million won is not a loan to the defendant that the plaintiff paid her existing
B. We examine whether the Plaintiff’s 40 million won paid to the Defendant was a loan, there is no dispute between the parties, and according to the evidence No. 1-2 and No. 1-2 of December 30, 2005, the Plaintiff’s KRW 20 million on December 30, 2005, and KRW 10 million on February 21, 2006, and the same year.
4. The fact that the Plaintiff paid a total of KRW 40 million, including KRW 10 million, is recognized, but the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the loan was a loan, and there is no other evidence to acknowledge it.
Rather, in full view of the following facts and circumstances acknowledged by the parties to a dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 10, and the purport of the whole pleadings, it is reasonable to see that the plaintiff paid 40 million won to the defendant as the cause of the repayment of the existing obligation.
① Upon Nonparty C’s request for a loan of money, the Plaintiff introduced the Defendant, and the Defendant paid KRW 100 million to the Plaintiff around March 2005, and D guaranteed the above debt. ② On July 8, 2005, the Defendant lent KRW 100 million to the Plaintiff and C around July 23, 2005, and subsequently filed an application for provisional attachment of real estate with the Plaintiff as to the Plaintiff’s creditor, the obligor, the Plaintiff’s claim, the claim amount, and the claim amount as KRW 100 million on July 23, 2007, but the Plaintiff did not raise any objection thereto. ③ The execution of provisional attachment was revoked on July 23, 2007.