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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff asserted 1) on March 14, 2016, the Plaintiff lent KRW 35 million to the Defendant via C, a president of the place of origin in the Defendant Company, through which he/she was the president of the place of origin in the Defendant Company, and thus, the Defendant is liable to return the Plaintiff. 2) In light of the fact that C holds the seal impression of the Defendant Company and the copy of the passbook in the name of the Defendant, the Plaintiff was granted the right of representation as to D D D D D D D D D D D D D D D D D D D D D D D D D D DD subcontract under Article 14 of the Commercial Act, and even if C used the leased money personally by himself/herself, this constitutes an act of expression manager or an expression agent beyond his/her authority, and the Defendant is liable to return
B. Determination 1) There is no dispute over the Plaintiff’s transfer of KRW 35 million to the Defendant’s name to the Defendant’s account. However, the Plaintiff was also aware of the intent to give a subcontract for the steel framed construction work performed by the Defendant from the Defendant’s name C as the president of the place of origin of the Defendant Company and transferred money to the Defendant’s account designated by C upon the Defendant’s request or instruction. Since C is not able to open an account under the Defendant’s name in the course of investigation by the Defendant’s complaint, as it is the bad credit for the Defendant to make it impossible to do so in the course of investigation by the Defendant’s complaint, the Plaintiff was allowed to use the Defendant’s deposit account under the Defendant’s name for personal use (Evidence 6) and thus, it is difficult to view that the Plaintiff lent the said money to the Defendant through C, and therefore, this part of the Plaintiff’s assertion is without merit.