1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. While the Plaintiff entered into a stock investment relationship with the Defendant, the Plaintiff was delegated from September 2016 to the Defendant and deposited an amount equivalent to KRW 80 million with the Defendant’s investment from around September 2016, managing the Defendant’s shares account under C’s name.

B. When there was a shortage of deposit money of the said stock account due to losses from stock price fluctuations, the Plaintiff deposited the said stock account in a manner of directly remitting a total of KRW 71 million from October 12, 2016 to December 5, 2016 or passing through the Defendant’s account and lent it to the Defendant by means of notifying the Defendant.

C. On December 21, 2016, the Plaintiff received reimbursement of KRW 21 million from the Defendant.

In addition, on December 4, 2017, the Plaintiff received KRW 18,759,042 from the Defendant to the Plaintiff’s account.

[Ground of recognition] Evidence Nos. 1 through 18, Evidence Nos. 1 through 4, and the purport of the whole voice and pleading No. 5

2. According to the above facts of determination, it is recognized that the Defendant borrowed KRW 71 million from the Plaintiff for the purpose of appropriating the deposit money of the said stock account, and paid or returned KRW 39,759,042.

However, considering the above evidence and the whole purport of the oral argument, the following facts are considered: (a) the Plaintiff’s loan deposited in the said share account between the Plaintiff and the Plaintiff on February 2, 2017, and the Defendant’s investment money, etc., are settled with the agreement that the Plaintiff bears the burden of loss of the said share account instead of paying 84.8 million won to the Defendant; and (b) on December 4, 2017, it can be recognized that the Plaintiff paid KRW 18,759,042 of the settlement balance incurred in the course of the settlement of accounts; (c) the Defendant demanded the settlement of information usage fees paid in the course of the Plaintiff’s stock investment, which was provided separately from the share investment via the said share account, and refused to pay the settlement balance, and the Defendant voluntarily expressed his/her intent to resolve the dispute through a trial.