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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 3, 2015, the Plaintiff transferred KRW 150,000,000 to the Defendant’s new bank account through its own bank account.
B. After that, the Plaintiff: (a) did not have an intent or ability to repay the amount to C even if the Defendant made an investment by lending money from the Plaintiff; (b) on September 23, 2015, the IT company, which was called C, used the technology development for producing smart devices, etc.; and (c) made an investment in the company with money to make an investment; and (d) made a profit, the Plaintiff would have 50% of the profits if the profit occurred; and (b) received KRW 150,000,000 from the Plaintiff to the Seoul Western District Prosecutors’ Office on the same day; and (c) filed a complaint against the Defendant on charges of fraud with the Seoul Western District Prosecutors’ Office.
C. On January 30, 2018, the prosecutor of the Seoul Western District Prosecutor’s Office rendered a non-prosecution disposition on the grounds that the Defendant was not suspected of obtaining fraud.
[Recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 6, the purport of the whole pleadings
2. The party's assertion and judgment
A. On September 23, 2015, the Plaintiff offered that if the Defendant lent money to make an investment in the said C Company, 50% of the profits would be paid by making an investment in such money, and lent KRW 150,000 to the Defendant on the same day. As such, the Defendant asserts that the Defendant is liable to refund the remaining 139,000,000 won out of the borrowed money and the delay damages therefrom to the Plaintiff.
In regard to this, the defendant, the representative director D's participation in the issue of capital increase of E, a KOSDAQ-listed company, transferred his investment funds to the defendant, and he also contributed to C. The defendant added 150,000,000 won from the plaintiff and 53,00,000 won from the defendant's investment funds to D on the same day, and it did not borrow the above funds from the plaintiff. Thus, the defendant did not accept the plaintiff's request.
B. The fact that the Plaintiff remitted KRW 150,000,000 to the Defendant on September 23, 2015 is as seen earlier.