1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 2010, the Plaintiff received a request from the Defendant for the lending of the name of the representative of “C”, a food model firm operated by the Defendant, from the Defendant.

4.1. Business entities registered as C, and around that time, they have been in charge of supplying C's goods to customers and arranging internal materials or cutting receipts.

B. As above, the Plaintiff opened three accounts, such as an enterprise bank account (number D: hereinafter “instant enterprise bank account”) in the Plaintiff’s name and used them for C’s operation during the period of lending the business name to the Defendant.

C. On September 18, 2015, the Defendant filed a report on the closure of business with respect to the above C under the name of the Plaintiff, and completed the business registration of the same trade name under the name of the Defendant on the 21st of the same month.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 3, 4, 7, and 33, the purport of the whole pleadings

2. While the Plaintiff’s assertion was in partnership with the Defendant, the Plaintiff transferred KRW 5 million on May 25, 2010 to E at the Defendant’s request to repay the Defendant’s loan obligations to E in lieu of the Defendant’s loan obligations, and used as the Defendant’s office operating expenses, ② deposited KRW 30 million on July 5, 2012 into the instant corporate bank account; ③ deposited KRW 5 million on March 5, 2013; and

6.3.4,715,901 won, and the same month;

5. A total of KRW 10,915,901, including KRW 1.2 million, deposited in the same account.

As above, the Plaintiff paid a total of KRW 45,915,910 to the Defendant, or paid a full amount or payment instead of the Defendant’s debt or expenses, the Defendant is obligated to pay the said amount and damages for delay.

3. Determination

A. According to the evidence evidence Nos. 11, 12, 13, and 23 of the loan claim No. 11, 12, 13, and 23, the Plaintiff remitted KRW 5 million to E at the Plaintiff’s post office passbook No. 25, May 25, 2010. The Plaintiff issued three cashier’s checks of KRW 10 million at face value from the Federation of Community Credit Cooperatives on July 4, 2012, and deposited into the instant corporate bank account on the following day.