1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. On January 2014, the Plaintiff was requested from D to the effect that “Around January 2014, the Plaintiff, who runs the electric tools wholesale and retail business, engaged in various material transactions with D, which is the actual representative of the non-party C, ordered “A” and the Defendant, the representative of the said company, contacted with E, thereby receiving a written estimate from the Defendant and making payment for the material price to the Defendant.”

B. Accordingly, the Plaintiff deposited KRW 52,910,00 of the material price into the account E Co., Ltd. after receiving a written estimate and tax invoice from the Defendant, and demanded D to pay the amount equivalent to the said material price disbursed by the Plaintiff, but D did not comply with it.

C. Although the Plaintiff paid the material price, the Defendant did not supply the material price. However, in collusion with the Defendant and D, received money from the Plaintiff as a material price and D used it, and the Defendant delivered KRW 40,910,000 to D out of the money received from the Plaintiff, the Defendant and D conspired with the Plaintiff, thereby deceiving the Plaintiff, thereby causing damages to the Defendant as joint tortfeasor.

2. As to the Defendant’s deception of the Plaintiff, it is not sufficient to recognize the Plaintiff’s only the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

(A) According to the records of A5, D was prosecuted for fraud against F, a representative of the plaintiff, at this court, but the contents of the indictment are only written only as a single criminal act of D, and the situation where the defendant was aware of the plaintiff or F or had a direct transaction before the instant case at issue was in question does not peep. The plaintiff filed a complaint against D in the first instance against D, but the plaintiff again filed a criminal complaint against the defendant for fraud due to the death of D during the instant criminal trial, and the defendant was subject to a disposition that there was no suspicion from the prosecution.) The plaintiff's assertion is rejected.

3. The plaintiff's claim is dismissed.