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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, a corporation that runs the housing construction and sales business, real estate consulting business, etc., remitted the total of KRW 40 million to the bank account in the name of the Defendant (hereinafter “instant KRW 40 million”) on September 11, 2007, KRW 10 million on October 4, 2007, KRW 50 million on November 16, 2007, KRW 14,000 on December 14, 2007, KRW 500,000 on December 28, 2007, KRW 40 million on December 28, 2007, and KRW 5 million on January 17, 2008 (hereinafter “instant KRW 40 million”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant is obligated to pay KRW 40 million to the Plaintiff for the following reasons.
1) The instant KRW 40 million is the amount that the Plaintiff directly lent to the Defendant. 2) As long as the Defendant permitted a third party to use the bank account that received the instant KRW 40 million, the Defendant is liable for the nominal lender.
B. The following circumstances are: (a) whether the instant KRW 40 million is a loan; (b) Gap evidence Nos. 5; (c) Eul evidence Nos. 1, 2, and 3 (including branch numbers); and (d) the testimony and pleading of the witness C; (b) the Establishment Promotion Committee for the Consolidation Project (hereinafter “instant Promotion Committee”) was organized for the purpose of establishing an urban renewal acceleration district in the areas, such as Namyang-si from around 2007 to Nam-si; and (c) the committee was established for the purpose of establishing the urban renewal acceleration district in the areas, including South-si; and (d) it was used for the bank account in the name of the above Promotion Committee’s executive officer, etc., because it was impossible to open the bank account in the name of the above Promotion Committee; and (c) the Plaintiff’s KRW 40 million was used as the operating fund of the Promotion Committee; and (d) the Plaintiff’s representative director and the representative director of the Promotion Committee, who is the head of the Promotion Committee.