beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 3, Eul evidence No. 1, Eul evidence No. 3 and Eul evidence No. 3.
On February 2, 2009, C Co., Ltd. (hereinafter referred to as the “Non-Party Company”) borrowed KRW 94,00,000 from the Defendant as of December 31, 2008, and such borrowed amount of KRW 94,00 from the Defendant on March 31, 2009, June 30, 2009, September 30, 2009, and on December 34, 2009, each amount of KRW 23,50,000 shall be paid, and the interest rate shall be KRW 10% per annum, and the interest rate shall be KRW 25% per annum, and the Plaintiff drafted a notarial deed No. 2009,000 (hereinafter referred to as the “notarial deed of this case”) with the content that a notary public guarantees the above loans to the Defendant of the Non-Party Company within the limit of KRW 70,00,00.
B. On March 20, 2009, the non-party company remitted KRW 50,00,000 to the national bank account under the name of the defendant (D). The same company remitted KRW 5,00,000 on June 30, 2009, KRW 31,200,000 on July 31, 2009, KRW 5,000,000 on September 7, 2009, KRW 2,500,000 on September 29, 2009, KRW 2,50,000,000 on October 30, 209, KRW 5,000,000 on February 5, 200, KRW 00 on March 15, 2010, KRW 30,000 on the account under the name of the defendant; and
C. On December 29, 2010, the Plaintiff, a representative director of the non-party company, requested the Plaintiff to prepare a receipt for KRW 86,00,000 for the repayment of the loan borrowed by the non-party company, as it is necessary for the settlement of accounts to the Defendant.
2. The parties' assertion on the grounds for objection
A. In addition to the transfer of KRW 36,00,000 to the national bank account under the name of the defendant from June 30, 2009 to September 10, 2010 by the non-party company claiming the plaintiff, the sum of KRW 36,00,000 on January 15, 2009, KRW 2,360,000 on December 31, 2009, KRW 2,360,000 on April 30, 2010, and KRW 3,000,000 on September 10, 2010; the same company transferred the provisional payment to the defendant and the amount of KRW 28,00,000 on the corporate card used; and the defendant's employee's wage repayment amount; and KRW 4,000 on December 4, 200,000 on the same account.