The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff operated a casino at the People’s Republic of China’s Republic of China Special Administrative Organization (hereinafter “Makao”), and the Defendant was an employee of the Plaintiff from September 2015 to September 2015, after having become aware of the Plaintiff around July 8, 2015.

Since then, the plaintiff and the defendant are now in a different state of relationship.

B. The Defendant, while moving to the Marcar casino and working in the masa casino, set US dollars according to the direction of the Plaintiff, or attempted casino operations.

C. From January 4, 2016 to July 16, 2018, the Plaintiff remitted a total of KRW 39,4950,000 to the Defendant’s account under the name of the Defendant over a total of 59 times.

The Plaintiff filed a criminal charge against the Defendant on the charge of fraud that “the Plaintiff acquired 4750,5050,000 won from his/her related party, without any intent or ability to complete payment even if he/she borrowed money.” However, on December 21, 2018, the Daegu District Prosecutors’ Office rendered a decision that the Defendant was guilty on the ground that there was no other evidence to acknowledge it.

E. Rather, on February 5, 2020, the Plaintiff was indicted of assault, intimidation, etc. against the Defendant, defamation, etc. that spreaded sexual traffic, etc., and was sentenced to six months of imprisonment with prison labor and two years of suspended execution (Seoul District Court Decision 2019Kadan695, Jun. 2, 201).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 8, 10 through 12, 15, 21, 23, 25 through 32, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff used a loan by means of remitting totaling KRW 39,4950,000,00 to 59 times from January 4, 2016 to July 16, 2018 on the grounds that it is necessary for the Defendant, who was an annual relationship and employee, to repay the loan, etc.

Therefore, the defendant.