1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff leased KRW 150 million in the name of the performance bond necessary for the Defendant to conclude the removal construction with the Plaintiff Co., Ltd. (hereinafter “C”), and even if the said amount of domestic money was invested, as the Defendant agreed to return the principal, the Defendant is obligated to pay the said money to the Plaintiff.

B. The Defendant did not borrow KRW 150 million from the Plaintiff, and the Plaintiff invested in the removal project with the introduction of D, a construction hub, and there is no fact that the Defendant agreed to return the principal to the Plaintiff.

2. Facts of recognition;

A. The Plaintiff is a person who is engaged in scrap metal and wholesale and retail business, and the Defendant is a specialized company for removal of buildings holding a license for the dismantling of non-scriptive structures.

B. Around July 17, 2015, D obtained information on G removed works in the Chungcheong City F through E, and during October 2015, D explained that it is necessary to pay KRW 150 million in the name of the deposit to the Plaintiff, on condition that he/she will perform G removed works, and suggested that the Defendant, who is short of funds, should also perform the removal works.

C. On October 21, 2015, at the H attorney-at-law office located in Sungnam-si, the Plaintiff, the Defendant, and D explained about the G removal work, the actual representative of C, and the Defendant and C entered into a construction contract with the content that G removal work was contracted. On October 22, 2015, the Plaintiff transferred KRW 150 million to C’s financial account.

C The Defendant agreed to pay 500 million won of the contract deposit by November 2, 2015, but did not implement it.

E. Around January 2016, I, the actual operator of C, prepared and delivered a written confirmation of payment of construction cost that “A person who ordered the contract (the Defendant) would return the loan KRW 150 million to the ordering person (C)” on January 28, 2016, and C, under the joint and several guarantee of I on January 28, 2016, “C borrowed 150 million from the Defendant on October 22, 2015.”