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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On January 17, 2012, the Defendant: (a) stated that the Plaintiff, a partner of the Defendant, required funds in relation to the operation of the Futures Exchange; (b) on January 17, 2012, the Plaintiff lent loans of KRW 35,540,000, including loans of KRW 10,000,000, to the Defendant.
In addition, the defendant paid C the above KRW 10,000,000 on March 29, 2012.
B. The Plaintiff completed the registration of ownership transfer under the Defendant’s name for the purpose of title trust with respect to D apartment E, which is the Plaintiff’s owner. The Defendant borrowed KRW 72,00,000 for the purpose of lending to C, and requested it to do so. On July 3, 2012, the Plaintiff paid KRW 64,083,170 out of the total amount of KRW 72,00,000, which was offered as security and received as loan, to C.
2. In full view of the purport of the argument in the evidence Nos. 1, 4, and 5, and No. 1 as to the cause of the claim, the Plaintiff remitted KRW 35,540,000 to the bank account under the Defendant’s name on January 17, 2012; the Defendant wired KRW 10,000,000 to C on March 29, 2012; the ownership transfer registration under the Defendant’s name was completed on June 26, 2012 regarding macro-si apartment E; the Defendant offered the above real estate to F Co., Ltd. on July 3, 2012; and obtained KRW 72,00,000 from the bank account under the Defendant’s name; and the Defendant borrowed KRW 72,00,000 from the bank account under the Defendant’s name to the above KRW 72,00,00,000, KRW 307,308,208.
However, the following facts or circumstances, which can be revealed in light of the aforementioned evidence and evidence No. 2, namely, ① the Plaintiff and the Defendant were living together and working together at the time of 2012; accordingly, there exist a large number of money transactions and payments between the Plaintiff and the Defendant; ② the Defendant transferred KRW 35,540,000 from the Plaintiff on January 17, 2012, and then deposited them in cash. ③ Even according to the Plaintiff’s assertion, the Defendant transferred KRW 35,540,000 from the Plaintiff to the Plaintiff.