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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff has been engaged in money transactions with C since 2009, and was issued by C a written confirmation confirming that the claim arising in the process is KRW 600 million.
B. On July 16, 2012, the Defendant: (a) prepared and issued a written confirmation confirming that some of the C’s investment funds (600 million won) were the Plaintiff’s shares; and (b) the settlement of investment funds was made with the Plaintiff’s consent at the time of settlement of investment funds.
C. On September 19, 2012, the Plaintiff and C entered into a contract on the transfer of claims to the Plaintiff among the Defendant’s investment bond amounting to C, and C, the transferor, notified the Defendant of the transfer of claims on October 24, 2012 by way of content-certified mail.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2-2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion 1) The plaintiff has a loan claim amounting to KRW 600 million against C, and the defendant confirmed that the amount of KRW 600 million out of the investment claim against C is the plaintiff's share and the defendant is not entitled to distribute the profits related to the new construction of the apartment in this case. Since the defendant is a person who has received the above investment claim from C, and the defendant is not entitled to distribute the profits related to the new construction of the apartment in this case, it is in a situation that the investment can not be refunded at the time of the completion of the new construction of the apartment in this case. Accordingly, the defendant's assertion that C is obligated to pay the investment claim amounting to KRW 60 million to the defendant, but only KRW 320 million was invested, and the defendant paid KRW 200 million to F with the land owned by the defendant as a collateral security at the request of C, and the registration of the establishment of a new construction of the apartment in this case was completed by the defendant to F in order to cancel the registration of the establishment.