1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around January 2013, the Plaintiff’s internal director C and the Defendant, the doctor, represent the “E member of the building in Songpa-gu Seoul Metropolitan Government D ground,” and are responsible for medical acts related to sex, skin, and rain, and C concluded an agreement with the Defendant that the Defendant would pay the Defendant KRW 6 million per month on a basic salary, and the amount excluding the cost, if the cost for surgery and medical acts is high, be at the rate of 4:6; and taxes and all expenses shall be at the rate of 4:6; and the amount equivalent to the estimated tax (30% of the net profit) shall be at the rate of 30% on a monthly basis in the passbook in the name of the Defendant.

B. The defendant is above C.

On January 4, 2013, a national bank account in the name of the defendant was opened at the request of C according to the agreement, and issued the above passbook to C on January 4, 2013.

C. On January 7, 2013, the Plaintiff deposited KRW 44 million into the account in the name of the Defendant’s name, and on January 18, 2013, the Plaintiff deposited KRW 6 million into the account in the name of the Defendant’s name.

C transferred a total of KRW 8.5 million over 14 times from February 27, 2013 to January 6, 2014 to G’s account, the mother of the Plaintiff’s intra-company director F, designated by the Plaintiff.

[Grounds for Recognition: Evidence No. 2-1, 2, 3, 4, and 5; Evidence Nos. 1 and 2-3; Evidence No. 1 and 2; Evidence No. 3; Evidence No. 3, and the purport of the whole pleadings]

2. The plaintiff's assertion

A. The representative director H of the Plaintiff became aware of the Defendant through the introduction of C, and upon the Defendant’s request from the Defendant to lend funds necessary for the opening of the hospital, such as lease deposit, etc., the Defendant lent KRW 50 million to the Defendant, and the Defendant paid interest via C to G account designated by the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 50 million and the delay damages from the day following the delivery of the duplicate of the complaint of this case.

B. Even if the defendant is not the party to the loan of this case, the partnership between C and the defendant is considered as a partnership under the Civil Act.