1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 4, 2013, the Plaintiff remitted to the Defendant KRW 45 million, and KRW 5 million on March 27, 2013, respectively.

B. On March 5, 2013, the Defendant reported food service business in Ansan-si C with the trade name “D”, and reported a simplified taxable person’s business registration as of March 25, 2013 with the trade name “D” and the opening date of business as of March 25, 2013, and filed a report on the closure of the Ka Pon around May 30, 2013.

C. On June 1, 2013, the Plaintiff entered into a lease agreement with the lessor G of the said carpet building in which the Plaintiff registered the business as “E” and the name of the business operator as “F” and entered into the lease agreement with the lessor of the said carpet building as the Plaintiff.

On August 14, 2013, the Plaintiff’s wife concluded a lease agreement with the lessor G of the building located in the said carpet building as H. Around August 14, 2013, the lease agreement was concluded again, and the date of commencement was registered as of August 20, 2013. A new lease agreement was concluded between the heir of G and the heir of G on October 1, 2014 due to the death of the lessor, but the said carpet was closed on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4-1, 2, 3, Gap evidence 5, 6, Eul evidence 2 and 3, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff asserted that he would operate a car page around March 2013, the Plaintiff lent KRW 50 million to the Defendant. However, the Defendant unilaterally decided that the car page was not repaid for three months since the loan was not repaid.

The Plaintiff shall collect KRW 4 million and KRW 3.4 million from the Defendant, as the Plaintiff disposed of the said car page around June 22, 2015 and collected KRW 3.4 million. Thus, the remainder of KRW 42.6 million shall be refunded from the Defendant.

B. The defendant's assertion that he borrowed KRW 50 million from the plaintiff for the purpose of operating the car page.

The plaintiff transferred money to the defendant by operating a car page in the name of the defendant, and the defendant established a car page with the money.

However, the plaintiff is not less than two months.