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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “Nonindicted Company”) was established on March 27, 2017, and the Defendant was registered as the representative director of the said Company, as the director of the said Company, and D as the auditor of the said Company.
B. From June 5, 2017 to March 21, 2018, as to the land E, F, and G land (hereinafter referred to as the “each of the instant lands”), the registration of transfer of ownership was completed for each of the instant lands traded in the future of each of the non-party companies.
C. (1) On November 15, 2018, D: (a) between the Plaintiff and the Plaintiff, the Plaintiff prepared a contract on the transfer and takeover of claims under which D transferred “the claim for repayment of loan worth KRW 12,6250,000,000,000 that D had to the Defendant; and (b) on the same day, D notified the Defendant of the said transfer of claims; (c) between the Plaintiff and the Plaintiff on October 24, 2018, D prepared a contract on the transfer and takeover of claims under which D transferred “the claim for the repayment of the settlement of accounts of 12,6250,000,000,00
3) On February 11, 2019, D: (a) between the Plaintiff and the Plaintiff, the Plaintiff prepared a contract on the transfer and takeover of claims under which “D transferred the claim for return of profits arising from the partnership business with the Defendant amounting to KRW 12,625,00,00,000, and notified the Defendant of the said assignment of claims on the same day. [Grounds for recognition] The Plaintiff did not have any dispute; (b) each entry in the evidence Nos. 2, 3, 5, 6, 7, and No. 4 (including each number, and the purport of the entire pleadings
2. The Plaintiff’s assertion as to the cause of the claim D and the Defendant set the amount of investment and share ratio after purchasing land necessary for the business, and D transferred KRW 12,6250,00 to the Defendant on the condition that subsequent shares of investment are allocated from the Defendant.
However, since the defendant refused to distribute investment shares to D, the conditions of the partnership between D and the defendant have not been fulfilled.
Therefore, since the above money paid to the defendant by D is a loan or a deposit, the defendant is obligated to return the above money to D.
D. D.