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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 207, the Plaintiff and the Defendant maintained a de facto marital relationship from around 2008 to the beginning of 2017, beginning with their living together. 2) A company that manufactures and sells industrial plants was registered as a business operator in the name of the Plaintiff from May 2008. However, the Plaintiff and the Defendant, under the Plaintiff’s name, used the said accounts by opening the C company D Bank Business Account (E), 2 C Company F Bank Business Account (G), 3 Company Bank Business Business Account (H), 4 Company I Bank Business Account (J) and 3 Company Financial Business Account (J) to manage the funds of the C company.
(hereinafter referred to as the “C Company Business Account”). (b) The account number is omitted, and it refers to the said account in general.
(1) From May 2, 2009 to December 31, 2009, the Plaintiff transferred KRW 51,000,000 to seven occasions, the Plaintiff’s East K transferred KRW 119,50,000 to twenty-six times from June 4, 2008 to February 26, 2009, and the Plaintiff’s seat L transferred KRW 5,000,00 to each C Company D Bank’s business account on December 1, 2009, respectively. 2) K transferred KRW 4,00,000,000 to each C Company D Bank’s business account from April 20 to December 25, 2011.
[Ground of recognition] In the absence of dispute, entry of Gap's No. 1, 4, 8, 9, Eul's evidence No. 11 through 13 (including each number; hereinafter the same shall apply), the I Bank, IBK Bank, D Bank, and F Bank's respective financial transaction information replys and arguments, as a whole,
2. The parties' assertion
A. The Plaintiff’s assertion is that the actual business owner of the C Company is the Defendant, and the Plaintiff is merely a representative in the name of a quasi-party by lending the name of the Defendant, a bad credit holder, to operate the C Company. Since part of the funds necessary for the Defendant to establish and operate the C Company is the principal’s funds, and that part of the funds borrowed from K and L are lent to the Defendant several times without setting the interest or the due date.