1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that manufactures and sells medical appliances, etc. for home use, and the Defendant is the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”).

B. The Plaintiff from February 28, 2012 to the same year

4. During the period of 23.2, a total of KRW 300 million was remitted to the Defendant’s account under the name of the Defendant (hereinafter “instant financial disputes”). The details of the above remittance are as listed below.

The remittance amount from the remittance date No. 15,200,000 won 15,00 won 1,50,000 won 1,50,000 won 15,37,000 won 1,50,000 won 1-26, 26, 15,000 won 1-3,00 won 63,00 won 1-3,00 won 63,00 won 1-3,00 won 1-37,00 won 1-37,00 won 1-4,5,000 won 1-7,00 won 20,000 won on March 6, 2012.

C. On October 10, 2014, the Plaintiff filed a lawsuit against the non-party company, claiming that “the Plaintiff lent the instant dispute settlement funds to the non-party company” in this court, claiming that “the Plaintiff lent the instant dispute settlement funds to the non-party company.”

However, on April 17, 2015, this Court rendered a judgment dismissing the plaintiff's claim (Seoul Southern District Court 2014Gahap11919), and the above judgment was finalized on July 2, 2016 through the appellate court (Seoul High Court 2015Na13982).

(hereinafter collectively referred to as "prior action"). . [Ground for recognition] The fact that there is no dispute, Gap evidence 1 (including each number, if any, hereinafter the same shall apply), Gap evidence 6-1, and the purport of the whole pleadings.

2. The plaintiff asserts that the plaintiff lent the dispute settlement funds of this case to the defendant.

As to this, the Defendant asserts to the effect that, from December 15, 2011 to March 21, 201, the Defendant engaged in business activities while working as the vice president of the Plaintiff, and the instant dispute funds were paid in return.

3. Determination

(a) The following circumstances may be known if the circumstances acknowledged by Gap and 10 evidence, Eul, Eul, two, and four to seven are added to the purport of the whole pleading:

1. The person in charge of the affairs.