A. Defendant (limited to Defendant C before opening the name of the company; hereinafter “Defendant”) is a person registered as an auditor of D Co., Ltd. who carries on a business such as the HPP manufacturing business, and is the actual operator of the said company.

B. On March 4, 2014, the Plaintiff and the Defendant agreed to operate the pumps sales business as the partnership business and established E and assumed office as the representative director of the said company, and the Defendant respectively as the auditor of the said company.

C. On March 14, 2014, the Plaintiff transferred KRW 20,000,000 to the account under the name of the Defendant (part of the transmitting amount of KRW 40,000,000), KRW 5,000,000 (part of the transmitting amount of KRW 10,000,000) on March 18, 2014, KRW 15,000,000 on April 2, 2014, and KRW 3,000 on April 23, 2014, respectively, to the account under the name of D corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-3, 4, 6, 11, Gap evidence 4-1, 2-7, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant borrowed KRW 40,000,000 from the Plaintiff to April 2, 2014, respectively, in terms of the cost of construction for the capital increase of D Co., Ltd., and KRW 3,300,000,00 in terms of the cost for capital increase of D Co., Ltd.

B. The Defendant’s assertion is that KRW 40,000,000, which the Plaintiff remitted to the Defendant from March 14, 2014 to April 2, 2014, is an investment amount based on the mutual agreement between the Plaintiff and the Defendant.

3. The fact that the Defendant borrowed KRW 3,300,000 from the Plaintiff on April 23, 2014 as expenses for capital increase in D Co., Ltd. is no dispute between the parties.

However, it is not sufficient to recognize that the Defendant borrowed KRW 40,00,000 from the Plaintiff as the expenses for the installation of F hump pumps only with the entries of Gap evidence Nos. 1 through 7 (including each number number) and there is no other evidence to prove otherwise.

Therefore, the Defendant, as the Plaintiff requested after the maturity of the loan amounting to KRW 3,300,000, and the delivery day of the copy of the instant complaint as the Plaintiff seeks, on December 2014.