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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 parties' arguments
A. The plaintiff's primary ground for claim 1) : The plaintiff, which was the head of the administrative department of the C Hospital newly constructed at the time, received a request from the defendant that "the return of KRW 200 million shall be jointly and severally liable with D, as a security deposit for the restaurant of the underground floor of the building of the Rotten Hospital," and paid the defendant a security deposit of KRW 200 million in advance. Since C hospital's site belongs to a third party and the above lease agreement was impossible to implement, the defendant is obligated to return the security deposit of KRW 200 million paid in advance to the plaintiff. 2) The defendant is obligated to return the deposit of KRW 200 million paid in advance to the plaintiff. 2) The new site and the building of the hospital were registered provisionally in the name of the third party in collusion with D, the lawsuit related to the new construction of the hospital was in progress, and the defendant was obtained by receiving the security deposit from the plaintiff who was not aware of it.
B. The defendant's assertion only played a role in delivering the money paid by the plaintiff to D, the owner of the building, who is the owner of the building, and there is no agreement to refund the deposit to the plaintiff, and there is no fact of deceiving the plaintiff
2. Determination
A. The facts that the Plaintiff transferred KRW 200,000,000,000,000,000 on September 8, 2011, KRW 50,000 on September 27, 201, and KRW 50,00,000 on October 14, 201 to the new cooperation account (E) in the Defendant’s name or paid as a check do not conflict between the parties, or that the Plaintiff paid as a check is recognized by comprehensively taking account of the overall purport of the pleadings as stated in the evidence No. 1 and No. 1.
However, in light of the following circumstances acknowledged by comprehensively taking account of the descriptions of the evidence Nos. 1 through 3, 6, and 7 and the witness F’s testimony as a whole, the Defendant shall refund the deposit amount of KRW 200 million to the Plaintiff jointly and severally with D.