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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff, as the representative director of the Plaintiff C Co., Ltd. (hereinafter “C”), became aware of the Defendant in the process of purchasing part of the land of the D Il-si E Park in the name of C around 2006.
Then, around June 20, 2007, the Plaintiff re-explos the Defendant through F (one person G), and the Defendant requested the Plaintiff to lend KRW 40 million to the Plaintiff the office rent deposit, out of the office rent cost of the 5th floor of the Seocho-gu Seoul Metropolitan Government Hbuilding (hereinafter “instant office”).
Accordingly, on June 26, 2007, the Plaintiff remitted the sum of KRW 45 million from the account under the name of F to the account under the name of F, and thereafter, F remitted the sum of KRW 45 million to the account under the name of the Foundation for Reconstruction and Welfare, which is the owner of the instant office, to the account under the name of the Social Welfare Foundation, which is the owner of the instant office. The Defendant leased the instant office and operated I at that place.
Therefore, the Plaintiff lent KRW 40 million to the Defendant as a deposit for lease of I.
B. On July 30, 2007, the Plaintiff, Defendant, and F agreed to establish a joint venture at the instant office to conduct a credit business.
The Defendant decided to transfer 10% of the shares in the business of the facilities of the Ansan E amusement Park in his possession to the Plaintiff and C, and used the transfer price as the establishment cost and the maintenance cost for one year. However, the Plaintiff failed to pay KRW 250 million to I because it was unable to dispose of the shares in the business, even after it was transferred from the Defendant.
In addition, the plaintiff has transferred money to J.
Even if the defendant borrowed the above money from the plaintiff, it cannot be viewed that the defendant borrowed it.
2. According to each of the records of evidence Nos. 3, 4, 6, and 7, the plaintiff transferred a total of KRW 45 million to the account in the name of J presumed to be F from the account in the name of Jun. 26, 2007, and thereafter is presumed to be the lessor of the office of this case in the name of J.