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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 3, 2005, the Plaintiff deposited KRW 180,000 and KRW 100,000 with a single bank account under C on November 3, 2005; KRW 30 million with a national bank account under the name of the Defendant; and KRW 20 million with a national bank account under the name of the Defendant on November 4, 2005; and KRW 180,000,000,000,000 with a national bank account under the name of the Defendant on November 4, 2005, may be recognized by each entry under the evidence No. 1 (including the serial number; hereinafter the same shall apply).
2. The parties' assertion
A. 1) On November 3, 2005, the Defendant: “Around November 3, 2005, the Defendant would pay the Plaintiff the money as required for the Defendant’s D business operated by C, and would be paid as soon as possible if it loans KRW 180,000,00.” As the Plaintiff remitted the said money to the Defendant or C, the Defendant is jointly and severally liable with C to pay the Plaintiff the said KRW 180,000,000 and interest thereon. 2) Since the Plaintiff transferred the money to C by September 12, 2005 to the Plaintiff as the construction cost to be paid to C by the Seodong-dong Foundation for the Maintenance of Private School (hereinafter referred to as the “Nonindicted Foundation”), the construction cost is not included in the construction cost of KRW 18,00,000,000.
3) At the time of receiving C’s transfer, the Plaintiff paid KRW 50 million and allocated 10% of shares, and when increasing capital, the Defendant recognized the Plaintiff’s contribution and maintained 10% of shares without additionally investing KRW 50 million. As such, the funds related to the shares in the partnership business increased to C is not included in the above KRW 180 million. (B) The Defendant’s assertion 1) the sum of KRW 110 million deposited in the name of the Plaintiff as above in the name of Nonparty C was in progress by Nonparty Foundation under contract with Nonparty Foundation, and at the time, the Plaintiff, who was an officer in charge of C’s construction, deposited the construction payment from Nonparty Foundation in cash.
2 4 members, Defendant, F, G, etc. were in a partnership relationship in which they intend to take over and manage C, and the Plaintiff deposited as above.