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The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, D, and Defendant B established a Dong enterprise, and agreed to immediately receive the payment of food materials, between F and F, the actual operator of the medical corporation E in 201. In order to manage and supply a restaurant of “G hospital” operated by the said foundation, and to secure it, the said foundation paid KRW 200 million to the said foundation, and to lend KRW 50 million to the said foundation for the purpose of remodelling the hospital, and if the hospital opens the hospital after completing remodeling, the hospital shall immediately receive the payment.
B. In accordance with the agreement above, D transferred KRW 50 million to the above Foundation on August 16, 201, but withdrawn from the above Foundation on the following day.
C. Defendant B operated a business entity with the trade name “H” in the name of the denying Defendant C, and the Plaintiff and Defendant B concluded a contract on the management of meal service with the said foundation on August 18, 201 by lending the name of Defendant C.
In order to guarantee the return of the deposit, I agreed to issue the I's guarantee after the opening of the hospital.
The Plaintiff and Defendant B remitted KRW 200 million to the above Foundation on the same day.
On August 18, 2018, the Plaintiff and Defendant B entered into a contract for the supply of food materials to the above hospital.
The operating fund shall be KRW 125 million each, and the defendant B shall be exclusively in charge of the affairs.
E. After entering into the above meal service operation management contract, the above hospital failed to open the hospital as an insolvent financial institution, and the above hospital building and site were sold by voluntary auction.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 4, 6, 10, 11, and the purport of the whole pleadings
2. When the Plaintiff’s assertion is prepared, KRW 200 million out of the total amount of KRW 250,000,000,000,000 paid to the said Foundation shall be used for the guarantee of I’s guarantee, and the remaining KRW 50,000,000 should be used for the purchase of food materials.
However, Defendant B shall pay the deposit without receiving the guarantee, and KRW 5,000 without being paid to the Plaintiff.