1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On January 23, 2014, the Plaintiff transferred KRW 250 million to the Defendant’s name account.

B. On June 4, 2012, C received KRW 5,105,611,531, including the remittance of KRW 300 million for the purchase price of imported vehicles from the Defendant until May 3, 2014, and received KRW 3,473,458,241 in total, and received KRW 1,632,153,290 in total, the difference was charged on October 26, 2015 (Seoul Branch Court Decision 2015,146) (Seoul Branch Court Decision 2015, Seo Branch Court Decision 2016No214), and C appealed appealed part of the indictment (the payment of KRW 3,473,458,241, and KRW 2153,00 in total). The court reversed the judgment of the lower court as to the Defendant’s alteration of the indictment (the payment of KRW 3,4758,215,216 in this case’s criminal case’s penal judgment).

C. The attached list of the instant criminal judgment contains the part of remitting KRW 160 million to the D’s account designated by C on January 23, 2014.

[Ground of recognition] Facts without dispute, Gap 1, Eul 2-1, Gap 2-2, Gap 3-1, 2, and the purport of the whole pleadings

2. The parties' assertion

A. On January 23, 2014, the Plaintiff lent to the Defendant KRW 250 million.

B. The amount of KRW 250 million that the Plaintiff remitted to the Defendant on January 23, 2014 is the amount that the Plaintiff remitted to C to the Defendant to make an investment.

On the same day, the Defendant remitted KRW 160 million out of the above KRW 250 million to C, and the remaining KRW 90 million was used to repay the debt corresponding to the same amount that C owes to the Defendant. However, the Defendant did not pay KRW 90 million to C in order to avoid a prosperity by exchanging money.

3. Determination

(a) the dispute between the Parties that money is given and received;