1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From March 6, 2003, the Plaintiff, along with C, operated a manufacturing company with D'D' trade name, and the said company is in progress due to the excess of its obligations.

B. C transferred KRW 500,000 from the Plaintiff’s corporate bank account used as the above corporate operating fund account to the Defendant’s name on April 9, 2012.

C. The Plaintiff is proceeding with a lawsuit against some of the persons transferred from the above account in the past by C.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, evidence 17, the purport of the whole pleadings

2. Determination as to the cause of action

A. The main point of the plaintiff's assertion is that the plaintiff can exercise the right to collect the claims of the union as a liquidator of the above D'D, and the defendant must pay KRW 500,000,000 borrowed from the operating account of the above union.

Preliminaryly, the defendant has received a remittance of KRW 500,000 from C who does not have the right to use the plaintiff's account at will without any legal cause, and thus, he/she must return

B. Determination 1) Even if there is no dispute between the parties to a judgment on the primary assertion as to the fact that the amount of money was available, when the Defendant contests the Plaintiff’s assertion that the lending was available, the Plaintiff is liable to bear the burden of proof as to the lending fact (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015).

In addition to the fact that there are matters to be settled between C and C only by the evidence submitted by the Plaintiff, C lent the above KRW 500,000 to the Defendant.

It is insufficient to recognize the fact that such loans are reverted to partnership bonds.

Therefore, the plaintiff's status.