1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C was operating a fluority of the trade name of E in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant fluority”).

B. C delegated the transfer of the instant car page to a convict Defendant, and accordingly, the Defendant transferred the said car page to F around June 23, 2012 at KRW 230 million of the transfer price.

Since then on April 1, 13, F transferred the above car page to G who is the defendant's wife.

C. At the time of the transfer of the instant car page, the Defendant repaid KRW 100,200,713 of the said transfer proceeds, C’s debt 100,000 to H, and debt 20,200,713 to the Credit Guarantee Fund. The Defendant paid KRW 50,000 (C leased the said car page building as KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,00

C On May 16, 2014, the Defendant transferred KRW 40,000,000 to the Plaintiff out of the instant claim for the refund of the instant carpets, and around that time, notified the Defendant of the transfer.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply), fact-finding results with I, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Since C transferred the instant car page to the Defendant and demanded the payment of the transfer price, the Defendant cannot use it at will. 2) C delegated only the payment of KRW 50,000,000,713 ( KRW 170,200,713,000) to C with the transfer price of the instant car page, and the Defendant paid KRW 59,79,287,00,000, which was deducted from KRW 230,000,000 less KRW 170,20,713 ( KRW 100,000,000,000), among which the Plaintiff received KRW 40,00 from C, and thus, the Defendant paid the Plaintiff the above KRW 40,00 and damages for delay.