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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, who operates a stock company C, is engaged in the electric safety construction business, and the Defendant, upon divorce, became aware of the Plaintiff around February 201, while growing children alone.
B. On June 201, the Defendant: (a) operated the indoor screen golf practice range (hereinafter “instant screen golf practice range”); (b) operated the indoor construction after performing the interior construction; and (c) disposed of the instant screen golf practice range around 2013.
C. In addition to the transfer to the Defendant of approximately KRW 20 million, including KRW 4 million on December 11, 2010, KRW 20 million on February 10, 201, and KRW 20 million on or before July 2012, the Plaintiff transferred to the Defendant an amount equivalent to KRW 20 million on or before July 2012, as follows:
9.2. A total of KRW 117.2 million was remitted between 9.2.
on June 20, 201. 50,000,000 on June 20, 201
7. 13. 5,000,000 For the same year
8. 16.2,200,000 For the same year
9.2. 50,000,000 For the same year
9.2. 10,000,000 Aggregate 117,200,000
D. On June 26, 2015, the Plaintiff filed a complaint against the Defendant for the above KRW 117.2 million, and for the instant screen driving range cost of KRW 174 million. However, on the other hand, on the charge of the Defendant’s deception, the Plaintiff was suspected of being guilty.
[Ground of recognition] The fact that there is no dispute, Gap's 2 through 4, 6, Eul's 1 and 3 evidence (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Defendant leased KRW 117,200,000 as indicated in the above table because it is necessary for the Plaintiff to operate the indoor screen golf practice range, and that the Defendant was awarded a contract with the Defendant for the installation of KRW 174,00,00 as a golf practice range in indoor screen.
Therefore, the Defendant is obligated to pay the Plaintiff the total of KRW 117,200,000 and KRW 291,200,000 for the above construction cost.
B. The Plaintiff and the Defendant asserted that they had a relationship of interest from February 2010 to December 2012.