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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. Since around 2012, C, the husband of the Plaintiff, invested funds in the Defendant’s High Sea Import Business (business of building and selling after importing drillings in China) and received profits from D. A around October 15, 2012, C, who was the husband of the Plaintiff, paid the amount of USD 91,200 (limited to KRW 98,000,000) of the cost of opening L/C necessary for importing the High Sea (L/C) from D, and paid the amount of KRW 98,00,000 to D.
B. On November 1, 2012, C completed the registration of a business operator with the trade name “E” as the Plaintiff, and D imports 160,000 kilograms from China on December 4, 2012 (hereinafter “the instant order”) from China on the 31st of the same month after completing customs procedures, and newly constructed and sold it. Upon request for issuance of a tax invoice to C, C, the Plaintiff’s agent “E” was equivalent to KRW 52 million on December 31, 2012 to “G,” the Plaintiff’s agent, and the Defendant’s agent “H” supplied KRW 2,00,000,000,000,000,000 won on December 31, 2012, 200,000 won, including the supply of KRW 31,50,500,000,000,000,000,000 won on February 1, 2013.
C. However, C, which could not receive L/C opening costs from D, requested D to prepare a notarial deed, and C, which added 30% interest to the unpaid L/C opening costs on April 2, 2013, lent KRW 123,682,171 to D on March 25, 2013, and D repaid in full until April 26, 2013, was drafted a notarial deed of a monetary loan agreement with the purport that “D shall pay in full the amount by the date of the above repayment”, but D did not receive the above amount from D until the due date.
On January 29, 2015, the plaintiff filed a complaint against D on the charge of fraud at the beginning of 2014, and on January 29, 2015, the plaintiff filed a lawsuit against the defendant and F seeking the payment of goods.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 4, and Eul.