1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to raise funds for the purchase of construction machinery on April 26, 2016, the Plaintiff concluded a construction machinery loan agreement with the purport of obtaining a loan of KRW 90,000,000 from the Defendant through D entrusted with the Defendant’s sales of loan products by Nonparty C’s brokerage.

(hereinafter “instant loan agreement”). B.

On April 26, 2016, the Defendant remitted the loans to D Business Entities, and D paid the above loans to C.

[Grounds for Recognition: Evidence Nos. 1, 2, 5, Evidence No. 2-2, and the purport of the whole pleadings]

2. The plaintiff's assertion that the defendant is obligated to pay the loan to the plaintiff pursuant to the loan agreement of this case. D, who is the defendant's performance assistant, paid the loan to C, not the plaintiff. Since C did not pay the loan to the plaintiff after withdrawing it, the plaintiff suffered losses due to the plaintiff's failure to receive the loan, the defendant is obligated to pay 90,000,000 won and damages for delay, which are the amount equivalent to the damages suffered by the plaintiff due to the plaintiff's intentional or negligent illegal act committed as a performance assistant.

3. According to each of the above facts, Gap evidence Nos. 2 and Eul evidence No. 1-1, according to the whole arguments, the defendant concluded an entrustment agreement with Eul to entrust part of the business related to the handling of financial products of the defendant, and the defendant agreed to pay the loan to D at the request of the contractor. At the time of the loan agreement of this case, at the time of the plaintiff's lending agreement, the plaintiff prepared and delivered to the defendant a written consent on the payment and acceptance of delegation that the plaintiff deposits the amount excluding the expenses to be paid by the plaintiff out of the amount of the loan from the defendant into the account of D, the mandatory agent of the plaintiff on behalf of the plaintiff, and accordingly, the defendant received the loan agreement of this case through D company.