1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2, 2016, the Plaintiff organized a successful bidder’s bid price of KRW 2.5 million for the total amount of KRW 42 million, and on the second day of each month on the date of the successful tender (hereinafter “instant successful bid price”). The instant successful bidder’s bid price was paid KRW 2.5 million for each unit, and the Defendant who is the transferor, paid the total amount of KRW 1.5 million for each class on the date of the second successful bid. The amount of KRW 1.5 million for the second successful bid price was paid as the successful bid price. Of other members, the amount of KRW 2.5 million for each unit was paid as the highest amount, and the remaining portion of the successful tender price was deducted as the amount of KRW 2.5 million for each unit, and the remaining portion of the successful tender price was operated in a way that the remainder of the total amount of KRW 2.5 million for each unit is equally divided.

B. On April 2, 2016, the two successful bid date, the Defendant drafted a loan certificate stating that “The amount of KRW 100 million shall be repaid up to July 2, 2019, and if interest is overdue for at least two months, the Defendant shall not raise any objection even if the principal and interest is claimed.”

On April 7, 2016, the Plaintiff remitted KRW 68,920,000 out of the successful bid price to the Defendant’s account, and immediately thereafter, remitted KRW 40 million from the Defendant’s account to the Plaintiff’s account.

C. On May 2017, the Plaintiff sold the instant winning bid.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2-2 and 2-1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant subscribed to one unit of the instant successful bid and was awarded a successful bid on the two successful bid date. As such, the Defendant should pay to the Plaintiff KRW 1.5 million in total (=2.5 million x 42 times) for the total sum of KRW 2.5 million for the first successful bid date and KRW 2.5 million for the three to 43 times each for the first successful bid date (=2.5 million x 42 times).

B. The Defendant received a successful bid of KRW 74.6 million on the date of the second successful bid. The Defendant received KRW 2.5 million from the said successful bid price less the unpaid amount of KRW 2.5 million on the date of the first successful bid and the Defendant’s wife C paid KRW 6,8920,000 remaining after deducting the unpaid amount from the Plaintiff’s other successful bid price, etc.

On the other hand, the plaintiff is only 40 million won from the defendant.