A. On April 4, 2016, the Plaintiff transferred KRW 50,000,00 to the Defendant’s account under the name of the Defendant.

(hereinafter referred to as "the money of this case". (b)

On April 6, 2016, the Defendant established C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and is in office as the representative director or the representative director of the Nonparty Company.

C. The Plaintiff is registered in the register of shareholders as 150,000 shareholders out of the total shares of Nonparty Company 50,000 shares (value of KRW 50,000,000).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant borrowed KRW 50,000,000 from the plaintiff and paid KRW 15,000,000 among them to the non-party company's stocks established by the defendant. The defendant is obligated to pay the remainder of KRW 35,00,000 to the plaintiff.

B. The party who is obligated to return the instant money claimed by the Defendant is not the non-party company.

Before the incorporation of the non-party company, the defendant received money from the plaintiff for the purpose of using it as the fund for the incorporation of the non-party company.

The plaintiff paid the above money in accordance with the investment contract with the non-party company, and the plaintiff shall demand the non-party company to return the money.

3. On the other hand, it is difficult to view that the rights and obligations acquired by the promoters, etc. as necessary for the establishment of the company naturally belong to the established company, and that the investment contract was concluded between the plaintiff and the non-party company, unless there is any evidence suggesting that the funds in this case were transferred to the account in the name of the defendant, that the non-party company was not yet established at the time of the payment of the funds in this case, and that the rights and obligations acquired by the non-party company as necessary for the establishment of the company are naturally reverted to the established company.