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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of cargo storage and loading and unloading business, trucking transport business, etc., the Plaintiff was the legal spouse of representative director D of the Defendant Company, and Defendant C was the child of Defendant D, and was in charge of accounting affairs in the Defendant Company.
B. On August 19, 2014, the Plaintiff owned a truck E (hereinafter “instant truck”) and sold the said vehicle to F in the purchase price of KRW 117,00,000 (including KRW 37,000,000 when a container shower) and delivered the instant vehicle and container shower to F.
C. On August 26, 2014, F remitted KRW 18,700,00 in the name of the Defendant Company to the IBK Bank account (Account Number: G; hereinafter “instant G account”); on August 22, 2014, KRW 30,000,000 on August 25, 2014; and KRW 61,000,000,000 on August 25, 2014; and KRW 7,300,000 on August 26, 2014, each Defendant C’s IBK Bank account (Account Number: H; hereinafter “instant account”).
[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 1 evidence, Eul 2 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s alleged F had contact with the Plaintiff to pay the purchase price of the instant vehicle, but the Plaintiff was a business trip from September 21, 2014 to September 27, 2014, and thus, the contact was not contacted, and when the F had contact with the Defendant Company, Defendant C sent KRW 18,70,000 to the Defendant Company’s account by informing Defendant C of the Defendant Company and its account, not the Plaintiff’s account, and KRW 98,300,000 to the Defendant Company’s account, respectively.
Plaintiff
Of the sales proceeds of the instant vehicle owned by the Defendant Company KRW 117,00,000, the Defendant Company shall receive KRW 18,700,000 from the Defendant Company, and KRW 61,30,000 from the Defendant Company (the remainder after deducting KRW 37,00,000 from the shower price of the Defendant Company’s container owned by F) from its own account without any legal cause, and return it to the Plaintiff.