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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant remitted to the Plaintiff the sum total of KRW 69 million on January 24, 2014, KRW 54 million, and KRW 15 million on February 21, 2014.
The Plaintiff remitted to the Defendant KRW 3 million on April 25, 2014, KRW 3 million on September 12, 2014, KRW 3 million on September 12, 2014, and KRW 10 million on October 1, 2014.
[Ground of Recognition] 1 Facts without dispute, Gap evidence 1, Eul evidence 1 and 3 (including paper numbers)
A. On January 14, 2014, the Defendant voluntarily retired, and then voluntarily retired the Plaintiff (i.e., who was in office as a public official of the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si, and (ii) was entitled to a lot of advertisement from Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si. Accordingly, the Defendant requested that the Plaintiff lend the deposit money for lease of the office, monthly salary for employees, etc. at the initial cost of the business, due to lack of money, to the loan of the office at the expense of the Si of Si of Si of Si of Si of Si of Si of Si.,” and the Plaintiff requested on March 6, 2014, upon the Defendant’s request, that the lease deposit be KRW 1 million as the lease deposit under the name of “C” at the request of the Defendant.
3. 31. In 31. the sum of the 1.2,50,000 won per Staff’s monthly salary of 1.0 million won was lent respectively.
In April 2014, the Defendant requested the Plaintiff to provide that “The Plaintiff shall not live in full because most of the amount received as the present retirement allowance is hot for investment and entertainment,” and that “the amount of living expenses shall be KRW 3 million shall be lent to the Defendant,” and the Plaintiff lent KRW 3 million to the Defendant.
In September 2014, the defendant who paid a traffic accident was additionally borrowed KRW 13 million from the plaintiff on September 12, 2014 and KRW 13 million on October 1, 2014 to pay the amount agreed upon and the amount of damages to the victim.
2. If the Plaintiff’s conjunctive claim is not a loan to the Defendant, the Plaintiff remitted the Defendant a total of KRW 28,225,00 to the Defendant, and the Defendant gains monetary benefits without any legal ground, and the Plaintiff suffered loss. Therefore, the Defendant was the Plaintiff.