1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is D's spouse, the representative director of C Co., Ltd. (hereinafter "C").

B. On August 11, 2011, the Plaintiff received a promissory note with a face value of KRW 150 million from D’s issuance, and transferred KRW 69.3 million to the Defendant’s account (hereinafter “the instant money”) and KRW 11.4 million to C’s account on August 12, 2011.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) In the event of a defect in a promissory note at the time of discounting C’s issuance, the Plaintiff wired the instant money to the account in the name of the Defendant and lent it to the lender or guarantor. Therefore, the Defendant should return the instant money to the Plaintiff as the borrower or guarantor. 2) Even if the Defendant did not agree to bear the responsibility for the instant money in the event of a defect in a promissory note.

Even if the defendant used his account for C's transaction, he operated C jointly with D, such as using it for C's transaction.

Therefore, the joint managers are jointly and severally obligated with C and D to pay the instant money to the Plaintiff with respect to the instant money borrowed as business funds.

3) Even though the Defendant is not a joint manager C, the Defendant permitted the use of part of the discount amount in the name of the Defendant in the transaction under C, such as receiving a part of the discount amount into the account under the name of the Defendant, and thus, is liable to reimburse the Plaintiff as the nominal owner under Article 24 of the Commercial Act. 4) The Defendant granted the right of representation to enter into an agreement on the warranty liability for the bill to be discounted by allowing D to use the deposit account under the name of the Defendant, or bears the burden of representing agent

B. The Defendant’s defect in promissory note is first against the borrower or guarantor of the instant money.