1. The plaintiff's claim is dismissed.

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

1. Basic facts - The defendant was registered as the representative director of the Co., Ltd. (hereinafter referred to as the "Co., Ltd."), but D, registered as the auditor of the above company, actually operates the above company -

On September 26, 2014, the non-party company entered into a sales contract with E to purchase the F building in KRW 8.9 billion in Seoul Special Metropolitan City, and paid 200 million in down payment to the seller.

The down payment is paid KRW 200 million, which the Plaintiff registered as the director of the non-party company at the time, transferred from the G account in the name of the wife to the non-party company account.

However, although the non-party company was planning to obtain a loan from the above real estate as collateral and to pay the balance, the non-party company failed to pay the balance due to the failure to obtain the loan, and the seller cancelled the sales contract and confiscated the down payment amount of KRW 200 million.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-5, and 8 evidence, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion was that the non-party company did not have the ability to purchase the F building, and even if there was no plan and basis to obtain a loan of KRW 13 billion from H Bank as collateral, the Plaintiff could enter into a sales contract only if the contract deposit is KRW 200 million. Upon the conclusion of the sales contract only, the said building was borrowed from H Bank to pay KRW 13 billion from H Bank as collateral and paid KRW 400 million to the Vietnam branch office, thereby lending KRW 200 million to the non-party company.

However, with the non-party company's secured loan, the plaintiff suffered losses from the non-party company's insolvent to recover the above KRW 200 million.

This is due to the defendant's deception or the defendant's intentional or negligent negligence, such as ① The defendant is liable to compensate the plaintiff for damages caused by the plaintiff pursuant to Article 750 of the Civil Act or Articles 389 (3) and 210 of the Commercial Act.

(1) Whether a sub-committee meets the requirements for loans.