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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 following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence 2, Gap evidence 5, Eul evidence 4-1, and Eul evidence 4-2:
The defendant, around December 2, 2009, operated the F Hospital (hereinafter referred to as the "instant hospital") from the 5, 6, and 7th floor in Yongsan-gu, Yongsan-gu, Busan (Seoul-si, Goyang-si) [D] E (hereinafter referred to as the "the instant building") in order to file a report on the closure of business around October 31, 201.
B. The Defendant, on August 20, 2009, contracted the construction work for the facilities of the hospital of the 5th and the 640,000,000 won for the construction work of the instant building, and the construction period from August 30, 2009 to December 1, 2009. On July 20, 2010, the Defendant concluded a contract for the construction work for the facilities of the 7th floor hospital of the instant building with the purpose of developing the interior design operated by G, as the construction work cost of the instant building from July 20, 2010 to September 30, 2010.
C. From January 31, 201 to September 2, 2013, G remitted KRW 5,000,000 per month to the I’s new bank account (Account NumberJ) and transferred KRW 2,50,000 on January 31, 2011, respectively;
I remitted KRW 2,500,000 each month to the Plaintiff designated by G or G, except for a partial period from March 1, 2011 to July 31, 2013.
On March 1, 2011, KRW 3,750,000 was remitted.
2. The plaintiff's assertion and judgment
A. On December 2, 2009, the defendant, at the time of opening the instant hospital, borrowed KRW 100,000,000 from G as G introduction, and received from the plaintiff the restaurant facilities and equipment equivalent to KRW 100,000 from the plaintiff. After that, I, the plaintiff and the defendant decided that the above KRW 200,000,000 should be the restaurant deposit of the instant hospital. Accordingly, on January 14, 201, the defendant shall pay the plaintiff and I paid KRW 5,00,000 monthly dividends to the plaintiff and I as the creditor's representative (Evidence 1; hereinafter "the instant contract").