2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is an individual entrepreneur who is engaged in the manufacturing business of medical devices under the trade name of “C,” and the Defendant is an individual entrepreneur of “E”, which is established by D, a company that produces, sells, and sells pdo (poolo), spora, spourcers, Cata, etc. (hereinafter “D”) to produce pdo spools, etc.

B. From April 2017, the Plaintiff provided D and E with processing and service of medical device parts and received processing costs and service costs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5 to 9, entry of Eul evidence 2, whole purport of oral argument

2. The Plaintiff asserted and determined that, between July 2017 and December 31, 2017, the direct trade relationship between the Defendant’s Defendant’s operation and the Defendant’s operation, namely, the relationship between the Plaintiff purchased and processed raw materials from the Defendant and then supplied semi-finished products. From May 8, 2017 to December 11, 2017, the Plaintiff remitted KRW 40,662,116 in total to the Defendant’s account four times as the provisional payment of raw materials to be purchased between the Plaintiff and May 8, 2017 and December 11, 2017. However, the Plaintiff asserted that it did not receive the refund, and sought the return thereof against the Defendant.

According to the evidence evidence Nos. 2 and 3, as alleged by the plaintiff, it is recognized that the sum of KRW 40,662,116 was remitted from the Defendant’s account from the Defendant’s account to the Defendant’s account, as alleged by the plaintiff. However, there is no evidence to acknowledge it as to whether the said amount was paid for raw materials that the plaintiff would purchase from E, and there is no evidence to acknowledge it. Further, the following circumstances, which are acknowledged as a whole by considering the evidence Nos. 3, 13, 24, 31, and 3, 10, 11, and 13 (including additional numbers) as well as the whole purport of the pleading, namely, ① the plaintiff, under the name of the defendant’s spouse, was recognized as having received the sum of KRW 41,53,194,00 for eight times from April 15, 2017 to May 23, 2017.