1. The plaintiff's claim is dismissed.

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

Basic Facts

A. C Co., Ltd. (hereinafter “C”) is a company established on August 31, 2015 for the purpose of Internet advertising agency business.

The defendant was in charge of C's business.

B. The Plaintiff, while holding the means of access, such as an authorized certificate, etc. for electronic financial transactions, wired money to the account in the name of C from November 2015 to August 12, 2016, or released money from the said account.

C. C closes down around September 2016.

[Ground] In the absence of dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 6 and 7; Eul evidence Nos. 6 and 7; and each court’s order to submit financial transaction information to the D Bank, the plaintiff asserted the purport of the entire pleadings as a result of the plaintiff’s claim for loans; and the plaintiff transferred KRW 45,543,385 to the defendant’s account under the name of the defendant or the third party’s name at the defendant’s request during the period from August 19, 2015 to April 5, 2016. In addition, the plaintiff loaned the above money to the defendant by means of remitting KRW 308,00,000 in total to C’s account from October 28, 2015 to August 12, 2016.

Therefore, the defendant is obligated to pay the remainder of 75,545,265 won and damages for delay to the plaintiff.

The defendant filed a claim for indemnity with the plaintiff's credit card purchase of C's credit card, and the plaintiff settled the total amount of 6,303,980 won of the credit card price on behalf of the defendant.

Therefore, the defendant is obligated to pay the plaintiff the above 6,303,980 won and damages for delay.

The defendant's assertion and the defendant jointly operated C by entering into a partnership agreement, and only contributed to C's operating funds, etc., and the defendant did not borrow money from the plaintiff or paid by the plaintiff on behalf of the plaintiff.

Judgment

The money remitted, as alleged by the Plaintiff, to the Defendant.