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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C’s monetary payment statement against the Defendant: (i) on July 10, 2009, the sum of KRW 700 million from D’s account; (ii) KRW 700 million from E’s account; and (iii) KRW 600 million from F’s account; and (iv) on July 10, 2009, the sum of KRW 2 billion from E’s account to E’s account; (iv) on the said account, the sum of KRW 1 billion from July 14, 2009; and (v) on July 22, 2009, the sum of KRW 1 billion from the bank’s account was KRW 100 billion in cash (on July 14, 2009, KRW 2 billion in total, KRW 100 billion in checks; and (v) on the check account, KRW 100 billion in total, KRW 1009.2 billion in checks (on July 14, 2009, KRW 1009.2 billion.
Each check was delivered to the Defendant. Among them, the particulars presented to Korea bank as payment amounting to KRW 80 million, KRW 100 million, KRW 430 million, KRW 430 million, KRW 400 million ( KRW H, I, J, K, KRW 10 million, KRW M, and KRW n) was presented to the Plaintiff, and KRW 430 million, KRW 400 million, KRW 100 million, KRW 100,000, KRW Q, respectively, at the time of the Defendant’s representative director.
After the issuance of the Shesheet 2 billion won, the sum of KRW 900 million from D’s passbook on July 28, 2009, KRW 300 million from E’s account, KRW 200 million from E’s account on August 21, 2009, KRW 300 million from E’s account on September 1, 2009, and KRW 1.7 billion from E’s account on a cashier’s check was withdrawn and delivered to the Defendant. On August 12, 2009, KRW 300 million was remitted from D’s account, the husband of C, to the Defendant.
(hereinafter referred to as “C side”) b. in the name of D, E, F, and R, family members of C and C.
The respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) were owned by S, T, U, and V, which were originally owned by the Defendant’s directors, in tinsan. However, during the process of seeking to acquire the Defendant’s shares and purchase and develop the real estate from the above co-owners, etc., the evidence No. 3, which is recognized as genuine by the following, is that the O, the representative director of the instant real estate at the time of the Defendant, jointly owned the instant real estate by the Defendant.