1. The plaintiff's claim is dismissed.

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

1. In full view of the evidence No. 1, evidence No. 3-1, evidence No. 3-2, evidence No. 5-1, and evidence No. 5-2, and part of the evidence No. 4-1, the following facts can be acknowledged and there is no counter-proof.

On April 2007, the Defendant leased the fixed land store located in Young-gu, Suwon-si C (hereinafter “instant fixed land store”) from the owner of the building to KRW 130 million, and KRW 380,000,000,000,000,000,000 from the owner of the building. The Defendant received deposit from Nonparty D for KRW 20,00,000, and made the said D conduct business registration and entrusted management of the said fixed land.

B. However, around October 2007, the above D returned 20 million won to the above D upon the completion of the entrusted management.

C. On October 2007, the Plaintiff remitted 38 million won to the Defendant, and on May 30, 2008, remitted 20 million won to the Nonparty E’s head of Tong, who is the Defendant’s birth, at the Defendant’s request.

As of September 21, 2006, the Plaintiff reported the business with the contents of operating meat sales business at the refined meat store of this case, and operated refined meat sales business at the refined meat store of this case.

E. Around April 27, 2009, the Defendant filed a report on business succession that he/she succeeded to the status of a business operator at the instant refined land store.

2. The plaintiff's assertion is the cause of the claim in this case. The defendant suggested that the above D should temporarily terminate the entrusted operation of the above D, and requested the plaintiff to pay 40 million won as a security deposit and remitted the above 38 million won to the defendant. Since the plaintiff requested a loan of 20 million won while running the business, the defendant remitted the above 20 million won to the defendant. Thus, as long as the plaintiff is operating the above 70 million won, the defendant claims that the plaintiff has a duty to refund the total amount of 58 million won to the plaintiff. Accordingly, the defendant did not propose that the entrusted operation was performed by the plaintiff, but the defendant transferred the business of the 38 million won. However, the plaintiff's business of the 58 million won.