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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. On September 5, 2014, the Plaintiff, who operates a building business with the trade name of C Co., Ltd. (hereinafter “Nonindicted Company”), drafted a subcontract agreement to accept KRW 3,095,100,00 from the Doi Construction Co., Ltd., the first floor - the fourth floor above ground (8,376.06С/2,53 square meters) among the Doi Construction Co., Ltd. among the Doi Construction Co., Ltd., Ltd., for the introduction of the Defendant.
B. At the time of the preparation of the above subcontract, the Defendant issued to the Plaintiff a receipt to the effect that the Plaintiff received KRW 30,000,000 from the Plaintiff as a cashier’s check, and that he received the said money as an agent of the Preferential Construction Company
2. Determination as to the cause of action
A. The Plaintiff asserted that the Defendant loaned the above money by requesting financing of KRW 30,000,00 as necessary for the commencement of construction work at the time of the subcontract as of September 5, 2014, and that the Defendant promised to repay the above loan.
B. In light of the circumstances that are acknowledged in full view of the overall purport of the pleadings, the Plaintiff’s lending to the Defendant is insufficient to recognize the Plaintiff, and there is no other sufficient evidence to acknowledge it, and thus, the Plaintiff’s assertion shall not be accepted, inasmuch as there is no other evidence to support the Plaintiff’s lending on September 5, 2014.
1) A witness F testified to the effect that, on September 5, 2014, the Plaintiff was granted KRW 30,000,000 on the condition that the non-party company was entrusted with the subcontracting of the E New Construction Works. (2) A witness D seeks KRW 30,00,000 from the Defendant on September 2014 for subsidies, such as design drawings and expenses related to the E New Construction Works, on the pretext of subsidies, such as design drawings and expenses, etc., from the Defendant on the first time after September 2014. Under the agreement between the Plaintiff, the Defendant, and the witness D, the Plaintiff paid KRW 30,000,000 on the pretext of subsidies on the condition that the Plaintiff was awarded a contract for the E New Construction Works-related civil works and the subcontract for the E Construction Works