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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The status of the Plaintiff is the intention of the “D Hospital” in the 1,000 city, and E is the operator of the D Hospital, and the Defendant is the business director of the F Co., Ltd. (hereinafter “F”) and the limited liability company G (hereinafter “G”) that supplies drugs to the D Hospital.
B. The Defendant’s Claim 1) The Defendant’s Claim No. 411, May 16, 2014, stating that “E borrowed KRW 150,00,000 from the Defendant without interest until the due date specified on May 30, 2016” (a notary public’s No. 411, May 16, 2014; hereinafter referred to as “transfer No. 1”) to the Defendant is a money loan agreement No. 411, 201.
2) On the other hand, E was unable to pay F amounting to KRW 170,000,000, and KRW 80,000,00 in G while operating the D Hospital.
C. On July 16, 2015, KRW 40,000,000 on the date of the Plaintiff’s remittance, etc., KRW 10,000 on August 17, 2015, KRW 30,000 on August 17, 2015, KRW 10,000 on September 14, 2015, the Plaintiff remitted KRW 90,00,000 to the Defendant’s national bank account (Account Number: H) on three occasions as indicated below (hereinafter “amount of remittance”).
(2) On September 1, 2015, Defendant and F Co., Ltd.: (a) issued a confirmation document stating that “The Defendant and F Co., Ltd. received KRW 80,00,000 from the Plaintiff the amount of the instant remittance from the Plaintiff as a drug settlement in the hospital.”
1) On October 6, 2015, F provisionally attached the claim amounting to KRW 171,456,293 in the balance of the price of goods from August 4, 2014 to September 22, 2015 to the debtor E, which is the claim amounting to KRW 171,456,293, which is the remainder of the price of goods from August 4, 2014 to September 22, 2015 (Gwanju District Court 2015Kadan3952, Oct. 5, 2015) against the National Health Insurance Corporation, etc., which is the third debtor (Seoul District Court 2015Kadan3952, Oct. 5, 2015). G granted the claim amounting to KRW 80,353,491 in the balance of the goods price to the debtor from July 7, 2014 to September 22, 2015.