The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The parties' assertion

A. The Plaintiff (1) and the Defendant are friendly with each other with a high-speed line, and the Plaintiff, at the Defendant’s request, transferred each of the KRW 50 million on March 22, 201, and KRW 50 million on July 24, 201, respectively, to the Defendant by determining the maturity period of KRW 100 million on July 24, 201.

(2) Around January 2014, the Defendant again requested the Plaintiff to pay 40 million won to the Defendant’s account on January 28, 2014.

B. Although the fact that the Plaintiff received money from the Defendant’s passbook with the Defendant, the said money was received as the Defendant’s passbook to use it as the cost of building the building of the Nonparty C Co., Ltd., and the Defendant deposited the said money in full to the representative director D of the C Co., Ltd., the actual borrower is C Co., Ltd.

2. Comprehensively taking account of the purport of the entire argument in the statement No. 1 of judgment No. 1, C Co., Ltd.: (a) prepared and delivered a written confirmation of performance to repay all of the instant money borrowed from the Plaintiff via the Defendant on November 14, 2018; (b) in fact, C Co., Ltd. paid a total of KRW 45 million to the Plaintiff from October 30, 2015 to December 31 of the same year; and (c) according to the above facts of recognition, it is reasonable to deem that the instant money was leased to the Plaintiff via the Defendant, and C Co., Ltd. was a person holding the said loan and paid the said money. Therefore, the Plaintiff’s assertion based on the premise that the Defendant borrowed the instant money is without merit.

3. The plaintiff's claim is dismissed.