1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' assertion

A. The Plaintiff’s inside director and actual operator of the Plaintiff’s Defendant: “The Plaintiff, who was a director and the actual operator of the Plaintiff, had a construction work at the beginning, and Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”), the original owner of the order, borrowed money for the construction work.”

On December 20, 2017, the Plaintiff remitted KRW 50 million to the Defendant’s account. On the same day, C prepared a cash custody certificate of KRW 500 million to the Plaintiff, and C promised to first pay KRW 100 million out of the advance payment to be paid from the Nonparty Company, and to pay the remainder in order according to the base rate.

The defendant shall return the above loan amounting to the plaintiff KRW 50 million.

B. The Plaintiff made it possible for the Plaintiff to use the passbook under the name of the Defendant on the condition that the Plaintiff introduced the starting construction to the Defendant, and did not impose any responsibility on the Defendant regarding the Plaintiff’s deposit and use of the passbook amounting to KRW 50 million.

On December 20, 2017, the plaintiff deposited in the defendant's account on December 20, 2017, 50 million won was withdrawn and used by the head of the construction business headquarters E of the non-party company on the same day, and the defendant did not use it.

2. According to the evidence No. 1, it is recognized that the Plaintiff deposited KRW 50 million into the Defendant’s account on December 20, 2017.

However, according to the overall purport of the statements and arguments in Eul evidence Nos. 1 and 2 (including the number of pages), all of the 50 million won deposited by the plaintiff in the defendant's account under the name of the defendant was withdrawn on the same day, and each written statement prepared and submitted by the plaintiff to the defendant that "the plaintiff introduced 5.1 billion won of the subcontract price for the non-party 27 households other than the non-party 1 in Gangwon-do Seocho-si, the plaintiff introduced to the defendant, and subject to this condition, the plaintiff borrowed the passbook to the head of the other non-party company construction project headquarters E so that the plaintiff can use the defendant's passbook. Since the plaintiff's personal deposit is made, it is a civil and criminal law for the defendant.