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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of Lari-ri, decoration, brand visibility manufacturing business, juice processing business, etc., and the Defendant is a person who registered the Plaintiff as a malicious company, precious metals, fingers, kyna-type manufacturing and wholesale business, and e-commerce business with the name of "F" on September 19, 2017, with the name of "F", which is a spouse C, and E is a person who actually operated the said "F" as a trademark holder of the trademark called "G."
B. Upon receipt of a request from E to lend money necessary for manufacturing and selling visual, written, etc. using the above trademark, the Plaintiff transferred KRW 360,000,000,000 to a H bank account (Account Number: I) in the name of “B (F)” which was known to the Plaintiff while issuing the Defendant’s business registration certificate, to the Plaintiff.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination as to the cause of action
A. On September 2017, the Plaintiff concluded a monetary loan agreement with the Defendant and paid KRW 360,000,000 to the Defendant as above. As such, the Defendant asserted that the Plaintiff is obligated to pay the Plaintiff a loan of KRW 360,000,000 and interest or delay damages thereon. However, the evidence or evidence submitted by the Plaintiff or evidence No. 1 presented by the Plaintiff is insufficient to acknowledge that the Plaintiff concluded a monetary loan agreement with the Defendant. The Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge otherwise.
B. After determining the liability for the nominal lender under the Commercial Act, the Plaintiff asserts that, since the Defendant lent the name to E, the Plaintiff is jointly and severally liable to pay the Plaintiff the loan amounting to KRW 360,000,000 and the interest or delay damages, jointly and severally with the Plaintiff who lent the money pursuant to Article 24 of the Commercial Act.
In the name of the business operator, the defendant is registered in E.