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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 10, 2014, the Plaintiff entered into a monetary loan agreement with C to lend KRW 350,000,000,000, and thereafter deposited C with C on December 10, 2014: (a) KRW 50,000,000 on December 10, 2014; (b) KRW 100,000,000 on December 30, 2014; (c) KRW 40,000,000 on January 30, 205; and (d) KRW 50,000,000 on March 5, 2015; and (e) KRW 30,000,000 on May 14, 2015; and (e) KRW 20,000 on June 1, 200, 200 on the loan account under the name of C (hereinafter “the loan account”).
B. Meanwhile, around December 2014, the Defendant and C made an oral agreement to jointly operate a screen golf course by investing 50% each of them (hereinafter “instant club business”). Accordingly, C leased D and 2 floors from F on December 2, 2014 to set up a screen golf course at F, and registered the business under C’s name with the trade name “E” on January 10, 2015.
C. After that, the Defendant and C jointly operated the instant screen golf course on March 5, 2015, prepared a business partnership agreement with respect to the instant screen golf course on March 19, 2015, and changed the name of the proprietor of the instant screen golf course under the joint name of the Defendant and C.
Before May 2015, C demanded the Defendant to withdraw from the partnership relationship of this case.
Accordingly, on May 30, 2015, the Defendant acquired the right to lease of the instant screen golf course from C, and on June 4, 2015, changed the name of the proprietor of the instant screen golf course into the Defendant’s sole name, and deposited KRW 100,000,000 on July 10, 2015 to C’s bank account. At that time, the Defendant additionally paid KRW 110,000,000 in cash to C.
E. On July 31, 2015, the Defendant and C agreed that KRW 290,000,000, including KRW 100,000,000 and KRW 110,000 in cash, shall be returned to C by settling the sales amount of the instant screen golf course from January 2015 to May 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 6, and Gap.