1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. From December 5, 2013 to June 13, 2014, the Defendant: (a) lent the Plaintiff’s name and registered its business; and (b) operated a restaurant in the name of “D” in Ulsan-gun C, Ulsan-gun, with the trade name of “D” (hereinafter “instant restaurant”); (c) on June 13, 2014, the Defendant changed the name of the business operator on the business registration certificate under the Defendant’s name.

B. A total of KRW 9,100,500 on three occasions around February 6, 2014, from the Plaintiff’s national bank bank account to the Defendant’s agricultural bank account or the Defendant’s customer account (hereinafter “Defendant’s customer account”) and KRW 17,300,000 was transferred on 12 occasions around February 14, 2014.

(hereinafter referred to as “the instant transfer money”). [Grounds for recognition] The fact that there is no dispute, Gap 1, 2, Eul 1, 2, and 5, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) The Plaintiff’s assertion (A) lent to the Defendant a total of KRW 26,400,500 (= KRW 9,100,500, KRW 17.3 million).

In addition, the Plaintiff, while working in the instant restaurant as an employee, lent KRW 3,599,500, such as food materials, to the extent that it pays for the Defendant on behalf of the Defendant.

(B) The Defendant is obligated to pay to the Plaintiff the sum of the above loans KRW 30 million (=26,400,500 won) and damages for delay.

(2) The Plaintiff and the Defendant have transacted money over several years. While the Defendant borrowed the Plaintiff’s name in the course of running the instant restaurant, there was a transfer of money between both parties, the Defendant did not borrow the instant transfer money from the Plaintiff, and even if it was leased, the Defendant was fully repaid with the Defendant’s payment thereafter.

B. (1) The fact that the Plaintiff transferred the instant transfer money is examined earlier.

Furthermore, we examine whether the Plaintiff “loan” was the Defendant.

The facts without dispute, Gap 1 to 6, Eul 1 to 5.