1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On the ground that the Plaintiff engaged in the insurance design business as a result of soliciting the Defendant to buy an insurance policy, the Plaintiff continued to meet with the Defendant and used the Daegu Bank account (Account C; hereinafter “instant account”) in the name of the Defendant.

The amount transferred from the instant account to another account by the Defendant is KRW 70,392,986 from February 2, 2014 to October 2016, as shown in the attached Table 1 transaction statement, and the sum of the amounts transferred by the Defendant to the instant account during the same period is KRW 63,715,342.

B. Attached 2: (a) from April 2015 to February 2016, the Plaintiff remitted total of KRW 19,400,000 to the Defendant’s post office account in the name of the Plaintiff or the Plaintiff’s transaction partner, as shown in Attached 2.

C. On September 24, 2014 and the following day, the Plaintiff remitted KRW 9,670,000 in total from the Plaintiff’s Daegu Bank Account (D) to the Defendant’s account, as shown in attached Table 3.

From May 2014 to June 2016, the Plaintiff transferred KRW 5,510,000 in total from the Daegu Bank Account (E) under the name of the Plaintiff to the Defendant’s account as shown in attached Table 4 transaction statement. during the same period, the amount transferred to the said account under the name of the Defendant is KRW 75,260,437 in total.

E. Around July 2014, the Defendant drafted a note (Evidence 6) stating “27,045,270” (won) with the amount to be paid to the Plaintiff, and subsequently written a note (Evidence 7-2) stating “21,540,270” (won) with the remainder of the amount to be paid to the Plaintiff on October 26, 2014 and “40,054,332 (won 7-2).”

【Reasons for Recognition】 Evidence Nos. 2 through 8, Evidence Nos. 7, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is as follows, the Defendant arbitrarily uses the money deposited in the instant account, or borrows money from the Plaintiff, taking advantage of the fact that the instant account is in its own name.