1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On August 11, 2016, the Plaintiff established a non-party C Co., Ltd. (hereinafter “non-party C”) at KRW 60,000,000 in capital.

B. On July 2017, the Plaintiff suggested that the representative director of the non-party company be appointed as the representative director of the non-party company and the defendant will be able to use the defendant's connection with the non-party company.

C. The Defendant accepted the Plaintiff’s proposal as above and demanded that the Plaintiff act as a representative director, who is a shareholder, because the Plaintiff’s representative who did not hold shares, falls short of external credibility.

The Defendant: (a) borrowed KRW 40,00,000 from the Plaintiff to pay the said money to the Nonparty Company for KRW 80,000 of the new shares of the Nonparty Company (500 won per share).

E. Although the Defendant promised the Plaintiff to repay the above borrowed amount of KRW 40,000,000 to the maximum possible date, the Defendant did not pay the above borrowed amount up to the present day. Thus, it is sought to pay the money as stated in the purport of the claim.

2. A loan for consumption only is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in such a kind, quality and quantity (Article 598 of the Civil Act). It is natural that there is an agreement between the parties as to the above point.

(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). In addition, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it can be readily concluded that there was a consensus among the parties to a loan for consumption solely on the fact that such transfer was made.