1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On January 6, 2014, the Plaintiff deposited KRW 100 million in the account under Defendant B’s name.

B. On July 24, 2018, the Plaintiff sent to Defendant B a certificate of content that the Plaintiff would repay the loan of KRW 100 million and interest KRW 15 million to July 31, 2018, and the Defendant B sent a certificate of content that the Plaintiff did not borrow money from the Plaintiff on July 26, 2018.

[Reasons for Recognition - Unsatisfy, Entry in Evidence A Nos. 1 and 2 (including virtual numbers), the purport of the whole pleadings]

2. The plaintiff's assertion

A. On January 6, 2014, the Plaintiff lent KRW 100 million to the Defendants, and the Defendants decided to pay the above borrowed amount within two to three months by adding the interest calculated at a bank interest rate to the above borrowed amount.

B. Even if the party who borrowed KRW 100 million from the Plaintiff is Defendant B’s partner D, the Defendants are liable for the expressive representation or the nominal lender, as the Defendants expressed their intent of granting power by allowing D to use their own account.

3. Determination

A. The above facts alone are insufficient to recognize that the Plaintiff lent KRW 100 million to the Defendants on January 6, 2014, and there is no other evidence to acknowledge this.

B. In addition, although Defendant B had Defendant B use his account under his name to B, the Defendants were the Defendants, the Defendants expressed their intent to grant the power of representation to D on the sole basis of this.

It is insufficient to recognize that Defendant B permitted Defendant B to carry on the business by using his name or trade name, and there is no other evidence to acknowledge it.

C. Therefore, the plaintiff's assertion is without merit.

4. As such, all of the plaintiff's claims are dismissed. It is so decided as per Disposition by the assent of all participating Justices.