1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 9, 2005, the Plaintiff remitted KRW 42,000,00 to C. The Plaintiff: “40,000 (the amount of KRW 42,00,000)” is fixed to the amount of the contribution on 43 parcel of land in Gangseo-si. The date of repayment is the date of payment of moving expenses in the Central Market, and was signed and sealed as “C.” (b) E Co., Ltd. (hereinafter “S.”) was for real estate development and implementation business; (c) the Defendant was working as the representative director of the above company; and (d) the Defendant drafted and sealed the cash contribution on November 12, 2006 to keep the said amount of money in custody; and (e) the Defendant made the said promise to deposit the cash contribution on the A.D. with the signature and seal affixed thereon.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 5 [No. 1 (cash custody certificate) carries the defendant's name which is acknowledged to be the defendant's writing as a result of the written appraisal by this court, and the authenticity of the whole document is presumed to have been established], witness F's witness F's testimony, and the purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, it is reasonable to view that the defendant signed the cash custody certificate of this case on November 12, 2006 and took over the debt of the non-party company's loan to the plaintiff together. Thus, barring any special circumstance, the defendant is liable to pay the plaintiff 40 million won and damages for delay.

B. The defendant's assertion and judgment are asserted to the effect that the plaintiff's claim based on the cash custody certificate of this case against the defendant was extinguished by five years after the expiration of commercial extinctive prescription.

Modern, C is the non-party company.