1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was an employee of C Co., Ltd. (hereinafter “instant company”), and the Defendant was currently an employee of the instant company, and the Plaintiff served as the head of the instant company’s public service team and the head of the public service team and the Defendant as the head of the on-site manager, around 2011, at D D Corporation (hereinafter “instant construction site”).

B. On May 4, 2012, the Plaintiff transferred KRW 10,000,000 to the Korean bank account (E) with the Defendant’s name, and KRW 15,000,000 to the new bank account (F) with the Defendant’s name on November 9, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged by the parties that the company of this case entered the rehabilitation procedure, and the company of this case lends money to the plaintiff by creating the head of Mungs passbook on behalf of the defendant, the defendant lent the above money to the defendant by holding that all principal and interest will be repaid if the funds for operation of the construction site of this case enter from the company of this case. Thus, the defendant is obliged to pay the plaintiff the principal and interest amount of KRW 25,00,000 and the loan interest of KRW 5,299,824, total amount of KRW 30,299,824.

In regard to this, the defendant asserts that the money transferred by the plaintiff to the account under the name of the defendant is not the money loaned by the plaintiff to the defendant, but the plaintiff was individually raised to raise the operating fund of the construction site of this case, and thus, it is responsible for repayment to the company of this case, and the plaintiff was fully repaid by the company of this case.

B. We examine whether the amount remitted by the Plaintiff to the Defendant was a loan.

On May 4, 2012, the Plaintiff transferred KRW 10,000,000 to the Korean bank account (E) in the name of the Defendant, and KRW 15,000,000 to the new bank account (F) in the name of the Defendant on November 9, 2012.