1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is a person who served as the representative director of the Co., Ltd. (hereinafter referred to as the "Co., Ltd.") and the plaintiff is a person who served as the head of planning office of the non-party Co., Ltd. from February 2006 to November 2006.

B. On February 24, 2006, the Plaintiff transferred KRW 80 million to the Japanese bank account under the Defendant’s name.

[Judgment of the court below] The ground for recognition is without merit

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion and the defendant's counterclaim are the cause of the claim in this case, and the plaintiff agreed to lend KRW 80 million upon the defendant's request and transferred the above amount to the defendant's account. Thus, the defendant must return the above borrowed amount, and even if not, the defendant agreed to return the above amount, and thus, it should be returned.

As to this, the defendant asserts that the above KRW 80 million was invested in the non-party company and transferred it to the non-party company, and that there is no agreement to return it to the defendant, and therefore, the plaintiff cannot respond to the plaintiff's claim.

B. The key issue is (1) the fact that the above amount of KRW 80 million transferred by the Plaintiff was deposited in the Health Center and the above KRW 80 million account in the name of the Defendant’s personal account as seen earlier. However, according to the evidence evidence Nos. 10 and 11, the non-party company can recognize the fact that all transactions were conducted through the Defendant’s personal account. Thus, it is difficult to acknowledge that the above amount was a loan to the Defendant’s individual and there is no other evidence to acknowledge it.

Rather, the following circumstances revealed by the record, i.e., the Plaintiff acquired 5% of the shares of the non-party company at the time of deposit of the above KRW 80 million, and entered in the register of shareholders (No. 5), and all of the above KRW 80 million were used as advertising fees for the non-party company. The Plaintiff also used it as advertising fees for the non-party company.