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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 basic facts are corporations whose purpose is insurance agency business, management consulting business, etc., and the defendant was an insurance solicitor who belongs to the plaintiff from July 5, 2013 to December 31, 2018, and the plaintiff remitted the total amount of KRW 50 million to the account in the defendant's name three times from July 10, 2013 to July 25, 2013, the fact that the plaintiff remitted the total amount of KRW 50,000 to the account in the defendant's name does not conflict between the parties, or that it is recognized in accordance with the purport of the statement in subparagraph 1 and all pleadings
2. The parties' assertion
A. 50 million won that the Plaintiff remitted to the Defendant as above is obligated to repay the principal and interest of the loan to the Plaintiff with the loan.
B. Defendant 1) The above KRW 50 million was not a loan, and the Plaintiff’s claim was extinguished by prescription, even if the loan was a monetary compensation or donation for the Defendant’s employment.
3. Determination
A. It is not sufficient to acknowledge the fact that the Plaintiff was a loan solely on the basis that the Plaintiff indicated the “B loan” in each transfer result report (Evidence A1) on the above KRW 50 million as to whether the said KRW 50,000 was a loan, and there is no other evidence to acknowledge otherwise.
[The recording paper (No. 2) which was not submitted as evidence by the plaintiff due to his absence appears to have been recorded for the purpose of submitting it to this court during the proceeding of the lawsuit in this case. The plaintiff's representative director only expressed that it was a loan, but does not express that it was a loan, and the plaintiff's representative director also expressed that it is not subject to recovery of all of the conversations on the recording book, such as the expression of this money as the object of settlement, etc., and it is difficult to believe the plaintiff's assertion as it is even in light of the course of preparation or some contents of the recording book. Therefore, the argument of the cause of the claim in this case cannot
B. The above KRW 50 million is a assumptive judgment premised on the loan.