1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) was established on January 4, 2013. At the time of incorporation, the register of shareholders is that the Plaintiff, the Defendant, and D paid a total of KRW 300 million, each of which was KRW 100 million, and the total amount of capital was KRW 300 million.

B. On January 3, 2013, the Plaintiff remitted KRW 50 million to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, Gap's evidence 2-3, Gap's evidence 6 and 7, Eul's evidence 1, and the purport of the whole pleadings

2. Determination

A. The purport of the Plaintiff’s assertion was to establish the instant company by paying KRW 100 million each with the Defendant and D, and subsequently, to pay the total of KRW 100 million on January 25, 2013, and KRW 50 million on February 8, 2013, and KRW 100 million on February 8, 2013, and separately lent KRW 50 million on January 3, 2013 at the Defendant’s request.

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 50 million and damages for delay.

B. The gist of the Defendant’s assertion is that the Plaintiff, the Defendant, and D invested KRW 150 million, respectively, to establish the instant company, and subsequently, to make an additional investment of KRW 100 million thereafter.

However, the Plaintiff paid only KRW 150 million, and the Plaintiff’s assertion on January 3, 2013 was transferred to the Defendant’s personal account prior to the establishment of the instant company as part of the investment amount.

C. 1) Determination as to the cause of claim: (a) even though there is no dispute as to the fact that the Plaintiff received money between the parties, the cause for receiving money is a consumption lease; and (b) the Defendant is liable to prove that it was received due to such consumption lease (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). 2) The Plaintiff remitted money to the Defendant prior to the establishment of the instant company; (b) the total amount of capital was KRW 50 million to the Defendant; and (c) the fact that the Plaintiff, the Defendant, and D paid KRW 100 million each at the time of incorporation of the instant company.