1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a substantial representative of C Co., Ltd. (hereinafter “C”) established for the purpose of manufacturing Aluminium joints (hereinafter “C”), and the Defendant is a person registered as the representative director of D Co., Ltd. (hereinafter “D”) established for the purpose of manufacturing bicycles from October 20, 2015 to May 12, 2017.

B. The Plaintiff’s penalty E transferred KRW 22 million to the Defendant’s account on May 10, 2016.

C. The Plaintiff filed a complaint with the Defendant and F with the purport that “F, who is the father of the Defendant and the Defendant, conspireds with the Plaintiff on September 6, 2016, including KRW 22 million on May 10, 2016, and KRW 47 million on September 21, 2016, including KRW 10,000,000,000,000,000,000,000,000 from the Defendant’s account under the name of the Defendant, acquired it by fraud.”

The prosecutor in charge issued a disposition to F on the ground that “A is likely to receive money in return for investment or bicycle exclusive sales right, and there is no evidence to prove the suspected fact, such as it is difficult to conclude it as a loan.” The prosecutor issued a disposition to dismiss the Plaintiff’s complaint against the Defendant.

(In Incheon District Public Prosecutor's Office No. 2017-type 42119, hereinafter referred to as "relevant criminal cases"), / [based on recognition] The facts that there is no dispute, Gap evidence 1, 2, 4, and 6 (including branch numbers; hereinafter the same shall apply), Eul evidence 3, and 13, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay 22 million won and delay damages to the plaintiff, since he lent the above 22 million won to the defendant.

The defendant deposited 22 million won in the defendant's account as above. However, the defendant was only a representative director in the name of D and was the actual manager of F, and the above money was D's exclusive sales right according to the bicycle assembly, production, and sales contract between C and D.