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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; (b) evidence Nos. 1, 3-1, 1, 4, and 8-2; and (c) the purport of the entire pleadings.
CWts550 Private Cars (hereinafter referred to as “instant automobiles”) registered transfer of ownership on October 28, 201 with respect to Non-Party Hyundai Capital Co., Ltd. on a large-scale car (hereinafter referred to as “instant automobiles”).
B. On December 27, 2012, the sum of KRW 30 million was transferred from the account in the name of Nonparty E to the account in the name of Nonparty E, five times in total.
C. On October 27, 2012, a sum of KRW 42 million was deposited in the Defendant’s spouse’s account in the name of Nonparty F, and KRW 31.5 million was written by the deposit requester to “G”, and KRW 10.5 million was written by the deposit requester to “E”, and KRW 40 million out of the deposited money was transferred to Nonparty I’s spouse Nonparty I on the same day.
2. The plaintiff's ground for claim
A. On December 25, 2014 or around December 26, 2014, the Plaintiff and the Defendant agreed to lend KRW 53 million to the Defendant at interest rate of 10%. The Defendant transferred the instant vehicle to the Plaintiff, and deliver all documents necessary for the registration of transfer to the Plaintiff, and transfer the instant vehicle if the Defendant did not pay the said interest for three months. If the Plaintiff used the instant vehicle and became aware of the mind, the Defendant returned money at any time and agreed to recover the instant vehicle.
B. On December 27, 2012, the Plaintiff transferred KRW 30 million to the account under the name of Nonparty J (a person who has actually negotiated with the Defendant) who is a part of the Plaintiff’s society, pursuant to the said agreement, and requested Nonparty K (a person who talks with the J about the necessity of the Plaintiff) after the Plaintiff’s society to transfer the balance (23 million won) to the account under the name of E. The J deducted the amount of the Defendant’s claim 11 million from the said money.