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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 기초사실 순번 지급일자 금액(원) 원고 명의 계좌 인출 피고 명의 계좌 입금 일자 금액(원) 일자 금액(원) 1 2010. 2. 3.경 100,000,000 2010. 2. 3. 100,000,000 2010. 2. 5. 100,000,000 2 2010. 3. 24.경 10,000,000 2010. 3. 24. 10,000,000 2010. 3. 26. 10,000,000 3 2010. 6. 15.경 30,000,000 2010. 6. 15. 31,500,000 2010. 6. 15. 30,000,000 4 2010. 7. 15.경 49,000,000 2010. 7. 15. 215,000,000 2010. 7. 22. 49,000,000 5 2010. 9. 3.경 40,000,000 2010. 9. 3. 40,000,000 2010. 9. 3. 40,000,000 6 2010. 10. 1.경 3,000,000 2010. 10. 1. 3,000,000 2010. 10. 1. 3,000,000 7 2010. 11. 17.경 10,000,000 2010. 11. 17. 100,000,000 2010. 11. 19. 10,000,000 8 2011. 7. 25.경 52,000,000 2011. 7. 25. 52,000,000 2011. 7. 25. 52,000,000 9 2011. 8. 23.경 1,500,000 2011. 8. 23. 1,500,000 2011. 8. 23. 1,500,000 10 2011. 8. 25.경 1,000,000 2011. 8. 25. 1,000,000 2011. 8. 25. 1,000,000 합계(순번 4 제외) 247,500,000
A. On February 3, 2010, the Plaintiff paid KRW 247,500,000 in total to the Defendant by withdrawing money from the Plaintiff’s account in the name of the Defendant and depositing money into the Defendant’s account as indicated in the following table (excluding No. 4) from February 3, 2010 to August 25, 201 upon receiving a request from the Defendant, who was a relative at the time of school Chang-gu, the Plaintiff paid the Defendant KRW 247,50,000.
B. On September 2016, the Plaintiff asserted that “the Defendant lent money to the Plaintiff as it is necessary to pay the Company’s funds,” and filed a complaint against the Defendant on suspicion of fraud by selling Cambodia’s land and making a false statement to repay KRW 600 million.”
Since then, a public prosecution against the defendant was instituted on June 22, 2018, and the Seoul Central District Court Decision 2017Da3527 decided on June 22, 2018, the defendant was convicted of a crime of fraud that "the defendant, without any intention or ability to repay money from the plaintiff, sold the land in Cambodia and deceiving the plaintiff to purchase KRW 600 million in total, and acquired KRW 247,50,000,000 in total," was sentenced to a conviction of a crime of fraud. As to the part of KRW 49,00,000 as stated in No. 4 of the above Table, from the plaintiff's account.