1. The plaintiff's claim is dismissed.

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

1. The fact that the Plaintiff, as the representative director, remitted the amount of KRW 40 million on March 12, 2003 to the corporate account of a stock company D (former Mutual Co., Ltd. E) operated by the Defendant as the corporate representative director, and that the amount of KRW 50 million on January 6, 2006 was remitted to the Defendant’s account under the name of the Defendant is not in dispute between the parties.

2. The plaintiff asserts that he/she lent KRW 90 million to the defendant and sought payment.

On the other hand, the defendant asserts that 40 million won out of 90 million won was loaned to D Co., Ltd. by the plaintiff, and 50 million won was invested by the plaintiff, and that the plaintiff's claim cannot be complied with as the business failure was made. Even if the above money was loaned, the loan claim expired due to the expiration of extinctive prescription.

On the other hand, the plaintiff asserts that the defendant is liable for the repayment of KRW 40 million in accordance with the legal principles of the denial of legal personality.

3. Determination

A. As seen earlier, the Plaintiff remitted KRW 40 million to a corporate account operated by the Defendant as the representative director on March 12, 2003, as to KRW 40 million. However, this alone is insufficient to regard the money deposited into the corporate account of the Defendant as the representative director, and it is also difficult to view that the Defendant, the representative director, was the money borrowed from the corporate account of the Defendant. Moreover, there is no other evidence to acknowledge it. 2) Even if it is the money borrowed by the Defendant individual, even if it is the money borrowed by the Defendant, it is apparent that the instant lawsuit was filed on January 3, 2014 after the lapse of 10 years from the date of the lending, and eventually, the statute of limitations for the said loan claim has expired.

In this regard, the plaintiff is expected to pay the construction cost of Franchising Franchising living facilities in Busan at the time when the defendant borrowed KRW 40 million, so the starting point of the extinctive prescription shall be February 28, 2006, which is the date of the final payment of the construction cost, and the extinctive prescription shall not expire.