1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. (1) The Plaintiff (Representative C) was engaged in the shipbuilding business in Scheon-si D, and the Plaintiff (Representative C) loaned the funds on the premise of the supply and demand of shipbuilding works to E, who was operating a veterinary enterprise on February 2016.

(2) Meanwhile, from around 2014, the Defendant was serving as E’s accounting staff, and was asked from E to “a person who borrowed shipbuilding funds from the Plaintiff, but borrowed the name of the borrower necessary for preparing a contract for a loan for consumption of money.”

B. (1) Each loan agreement for consumption (1) The Plaintiff entered into a loan agreement for consumption with E with the borrower as the Defendant: ① on February 25, 2016, ② on August 24, 2016, ② on March 15, 2016, the loan amount of KRW 10,000,000 per annum; ② on April 30, 2016, the due date for payment of KRW 6.9% per annum; ③ on May 19, 2016, the loan amount of KRW 25 million; and on December 31, 2016, the due date of payment of KRW 6.9% per annum.

(2) On February 22, 2016, the Plaintiff was established with respect to dump trucks (F) owned by E, with regard to collateral security (the maximum amount of claims KRW 50 million).

(3) Accordingly, the Plaintiff remitted each amount of money to the deposit account in the name of the Defendant, ① 2.2 million won on February 25, 2016, ② 10 million won on March 15, 2016, ③ 20 million won on May 20, 2016, respectively.

(hereinafter referred to as “instant loan”) c.

(1) On July 20, 2018, the Plaintiff filed a loan claim lawsuit against the Plaintiff (E) stating that “The Plaintiff shall be liable to pay damages for delay at the rate of 6.9% per annum from March 15, 2016 to May 20, 2016, and from the next day to the date of delivery of a duplicate of the complaint, 6.9% per annum from May 20, 2016, and 15% per annum from the next day to the date of full payment (this Court Decision 2018Da4181).” The lower court rendered a judgment on December 21, 2018.

(2) The foregoing judgment became final and conclusive on January 11, 2019.

hereinafter referred to as 'the relation of this case'.