1. The claim of this case is dismissed.

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

1. Basic facts

A. On March 13, 2017, the Defendant, as the representative of C, concluded a contract for construction works, setting the construction cost of KRW 160 million (excluding additional tax) and the construction period from March 20, 2017 to May 25, 2017, with the construction work cost of KRW 160,000,000 (hereinafter “instant construction works”).

On the other hand, the defendant's husband F is the actual representative of C.

B. On March 29, 2017, the Plaintiff transferred the money of KRW 80 million from the Plaintiff’s account under the name of the Defendant (CF) to the Defendant’s account (CF). On the same day, F wired the said money to the corporate account (TF) of DongsungM Co., Ltd. (hereinafter “CM”) (TF) at the request of D on the same day.

C. On April 6, 2017, East CM returned the said money by means of remitting the said money to the Defendant’s account under the name of the Defendant, and F, upon request from D on the same day, remitted the said money from the Defendant’s account to D’s account (CF I).

The instant construction project was completed around October 18, 2017, and the Defendant paid D the construction cost of KRW 160,000,000 to D.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1-3 (including branch numbers, if any), the witness D's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that he lent the above money from the plaintiff's account under the name of the defendant to the defendant's account, and the defendant received the above money from the plaintiff's account under the name of the defendant and remitted it to the Y as is, upon request of Do, as it was. It argues that Y returned the above money to the NA and returned it to the NA's account under the name of Do which is not the plaintiff's name, and that it did not borrow the above money from the plaintiff.

B. On March 29, 2017, the Plaintiff transferred KRW 80 million from the Plaintiff’s account under the name of the Defendant from March 29, 2017 to the Defendant’s account. However, the aforementioned evidence and evidence as seen earlier.