1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 8, 2014, the Plaintiff deposited KRW 49 million in the account under the name of the Defendant, and KRW 49 million on July 11, 2014, respectively.

B. The Defendant deposited KRW 48.5 million on July 8, 2014, and KRW 48.7 million on July 11, 2014, respectively, into the account under C’s name.

C. Around 2012, D Co., Ltd., the representative director of the Plaintiff, entered into an agreement on business partnership with the Defendant’s father E to continue to lend the vehicle purchase funds at the mutually agreed interest rate.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 5-22, 23, Gap evidence 6-2, Gap evidence 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted the cause of the Plaintiff’s claim in collusion with C, and acquired the said money by deceiving the Plaintiff, as if he/she borrowed money from the Plaintiff, by using the Defendant’s bank account from July 2, 2012 to E under the aforesaid Business Alliance Agreement, by deceiving the Plaintiff as if he/she borrowed money from the Plaintiff. On July 8, 2014, the Defendant received KRW 98 million from the Plaintiff, including KRW 49 million on July 8, 2014 and KRW 98 million on July 11, 2014, including KRW 49 million on July 11, 2014.

The plaintiff suffered a loss equivalent to KRW 98 million due to the above joint tort committed by the defendant and C, and the defendant is obligated to pay the above amount and its delay damages to the plaintiff.

B. According to the facts found in the above paragraph (1) and each evidence, the following facts are acknowledged: (a) the Plaintiff remitted total of KRW 98 million to the account under the name of the Defendant; (b) the Defendant remitted the remainder after deducting the total of KRW 800,000 from the date the Plaintiff received the said money; and (c) the amount, other than the said money, the Plaintiff claimed to have lent to E by depositing into the account under the name of the Defendant over five times between December 14, 2013 and April 24, 2014; (b) the amount claimed to have been deposited into the account under the name of the Defendant, excluding the amount of KRW 300,000 to KRW 50,000,000,000,000,000 to

However, solely based on the above facts, the defendant is together with C.