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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Defendant transferred the passbook, card, etc. of his national bank account (D; hereinafter “instant account”) to C around 2006 or around 2007, and that the Plaintiff deposited KRW 127,590,000 (hereinafter “the instant money”) in several occasions from June 25, 2012 to July 2, 2014 as the Plaintiff’s loan to C, the fact that the Plaintiff deposited KRW 127,590,000 (hereinafter “the instant money”) in several occasions from June 25, 2012 does not conflict between the parties, or that it can be acknowledged according to the overall purport of the statements and arguments in the evidence No. 1 to 10, and evidence No. 8 as a whole.
2. Judgment on the plaintiff's claim
A. The plaintiff asserts that he lent the money of this case to the defendant, and sought a return of the money of this case as the main claim against the defendant. However, according to the above, the money of this case is not a loan to the defendant. Thus, the plaintiff's main claim is without merit.
B. 1) The plaintiff's conjunctive assertion 1) The plaintiff's conjunctive claim made a loan to C by borrowing the passbook, card, etc. of this case from the plaintiff in the manner of receiving money from the plaintiff without any intent or ability to repay the money in the manner of receiving money from the plaintiff before the plaintiff. Thus, the defendant is liable to the plaintiff: (i) the name truster's liability under Article 24 of the Commercial Act; (ii) the liability for joint tort due to conspiracy and aiding and abetting the above fraud; and (iii) the liability for tort due to the violation of the Electronic Financial Transactions Act; and (ii) the defendant is liable to pay the money as stated in the claim to the plaintiff; (iii) the evidence submitted by the plaintiff is alone to the extent that the plaintiff is liable to the name truster under Article 24 of the Commercial Act; (iv) the defendant permitted C to use his name when entering into a monetary loan contract with the plaintiff; and (iii) the defendant entered into