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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 11, 2014, the Defendant entered into an agreement with C to transfer all of the Defendant’s assets, such as land, buildings, trade names, and goodwill, such as land, buildings, and business rights, in Seoan-gu, Seoan-gu, Seoan-si to C, with a view to KRW 1.645 million. After the said agreement, the Defendant permitted C to use the said account after opening one bank account in the name of the Defendant (hereinafter “instant account”).
B. On July 23, 2014, the Plaintiff transferred KRW 50,000 to the instant account by indicating it as “B”.
On the same day, KRW 4 million was transferred from the instant account to the F name account, KRW 3.5 million was transferred from G to the G name account, and KRW 42 million was transferred to C, respectively.
C. On July 25, 2014, the Plaintiff transferred KRW 50,000 to the instant account by indicating it as “B”.
On the same day, KRW 50,000 was transferred from the account of this case to C’s account.
On July 28, 2014, the Plaintiff transferred KRW 40,000 to the instant account by indicating it as “B”.
On July 29, 2014, the next day, from the account of this case, KRW 40 million was transferred from the account of this case to the account under C’s name.
E. From August 20, 2014 to August 28, 2014, the Plaintiff provided C with a 35,030 km amounting to KRW 40,000 per 20 km.
[Ground of recognition] Class A, 2, 3, 5 evidence, Eul evidence Nos. 2 and 3, and the purport of the whole testimony and pleading of the witness C
2. The parties' assertion
A. The Plaintiff’s assertion 1) C is the representative of the Defendant’s representative director or the Defendant and the Plaintiff purchased KRW 140 million from the Plaintiff’s account to borrow and purchase KRW 350,30 km, and the Defendant is obligated to return the above loan amount of KRW 140,000,000 and pay KRW 68,076,00. 2) Even if the Defendant did not grant or grant the Defendant’s representative authority to the Defendant’s representative director, C performs external business with the Defendant’s consent, so the Defendant borrowed and double the above loan of KRW 140,00,000.