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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. The plaintiff between the parties is the husband of the non-party C, and the non-party C and the non-party D (the "E" in Japan prior to around 2005 had been operated as a restaurant of the non-party C and the non-party D (the "E" enters and leaves Korea from time to time, and the ombudsman lives in Korea). The defendant is a person who had been aware of D from 1996 to 2005 while operating the restaurant of the trade name and has assisted transactions in Korea and in Korea.
B. On September 30, 2005, the Plaintiff transferred KRW 80 million to the Defendant’s name account and the instant account transaction details (1) to Nonparty H via the Defendant’s name bank account (Account Number G; hereinafter “instant account”). D around October 6, 2005, lent KRW 50 million out of the instant account to Nonparty H via the instant account.
(2) Meanwhile, from September 30, 2005, when the Plaintiff remitted KRW 80 million to H through the instant account from September 30, 2005, D lent KRW 55 million to October 6, 2005, there was no money deposited in the instant account.
(3) After October 23, 2006, H did not notify the Defendant, and directly repaid D KRW 55 million.
(4) Meanwhile, the instant account is an account used by the Defendant for a business transaction, and the instant account is an account in which D and the Defendant’s transaction were used in combination with D and the Defendant’s transaction were used in order to assist D’s business.
C. The Defendant’s real estate purchase process (2006) around January 25, 2006, around 2006, decided to purchase the land and the building on the land in Jongno-gu Seoul K and around 700 million won from Nonparty J in his wife’s name, paid the down payment of KRW 70 million on the day. On July 26, 2006, KRW 41 billion, and KRW 100 million on October 19, 2006, KRW 561 million on December 22, 2006, and paid the said purchase price.
Grounds for Recognition: Gap, Gap, 2, 4, 5, 6, and Eul, the facts that there is no dispute between the parties or are not clearly disputed.