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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 facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, 4 through 9, Eul evidence Nos. 1 to 5 (including branch numbers; hereinafter the same shall apply), the witness C and D's testimony, and the whole purport of the pleadings.
C is a person who actually operated the Plaintiff, and C’s East E and F were registered as a joint representative director from October 8, 201 to April 13, 201, and from August 18, 2011 to February 2, 2012.
D is a person who has served as a plaintiff's manager at the request of C from November 15, 2010 to February 2, 2012.
B. On March 30, 201, KRW 35,000 was transferred from the account of the Defendant to the account of G, the Defendant’s wife, and the said money was immediately transferred to the Defendant’s account, and the said money was transferred to the Plaintiff’s account on the same day.
C. On March 30, 201, the Plaintiff deposited KRW 33,700,000 (hereinafter “instant deposit”) with D’s agent, using the said KRW 35,000,000.
On April 4, 2011, the Plaintiff transferred the right to claim the recovery of the instant deposit to the Defendant, and notified the Republic of Korea, a third obligor on the same day.
E. On February 18, 2013, the Defendant, as his agent, recovered the instant deposit money.
Of KRW 34,239,751, the total amount of KRW 20,000,000,000, which is the cashier's checks of the Nonghyup Bank, KRW 14,239,751, which was paid in cash.
F. D’s wife presented payment proposal on February 22, 2013 on the above cashier’s checks.
Of the instant deposit money, cash was paid D.
2. Summary of both claims;
A. On March 30, 2011, the Plaintiff asserted that the Plaintiff deposited the instant deposit money by borrowing KRW 35,000,000 from the Defendant, and upon the Defendant’s request, transferred the right to claim for recovery of the instant deposit to the Defendant.
However, at the Defendant’s request, the Plaintiff amounted to D, KRW 10,900,00 on March 30, 201, and KRW 25,000,000 on April 20, 201.