1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant maintained a de facto marital relationship from around 1999 to October 2009, and around 2004, the Plaintiff and the Defendant jointly operated the instant restaurant with the trade name “C” (hereinafter “instant restaurant”).

B. On October 2009, the Plaintiff received the instant restaurant from the Defendant and operated the instant restaurant independently, and on July 4, 201, changed the business registration name of the instant restaurant to the Plaintiff.

C. The card sales amount generated in the course of operating the instant restaurant on the ground that the name of the business operator of the instant restaurant was the Defendant was deposited in the Nonghyup Bank account under the name of the Defendant (D; hereinafter “the instant Nonghyup Bank account”). The card sales amount deposited from October 1, 2009 to March 28, 201 is KRW 24,885,829 in total, and the card sales amount deposited from March 29, 201 to July 3, 201 is KRW 129,135,02 in total.

[Reasons for Recognition] Uncontentious facts, Gap evidence Nos. 2 through 5, response to an order to submit financial transaction information to the Nonghyup Bank and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Defendant committed a tort of KRW 154,020,850, which was deposited in the instant agricultural bank account from October 1, 2009 to July 3, 201, without the Plaintiff’s consent. The Plaintiff sought payment of KRW 110,000,000 as part of the damages claim, and damages for delay.

B. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant committed a tort, such as embezzlement of KRW 154,020,850, etc. of the card sales amount deposited in the agricultural bank account of this case, and there is no other evidence to acknowledge this.

① The Plaintiff alone is a restaurant from October 1, 2009.