1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a merchant engaged in logistics business in Chinese injury, and the defendant B is a merchant engaged in clothing wholesale business in Chinese injury.

Defendant C, a type of Defendant B, is an internal director of Nonparty D (hereinafter referred to as “Nonindicted Company”) with the purpose of manufacturing and wholesale and retailing clothing, etc.

B. The Plaintiff remitted KRW 70,443,658 in total, including KRW 40,00,00 on March 10, 2015, KRW 40,000 on a non-party company’s new bank account, KRW 4,172,180 on July 15, 2015, KRW 23,937,50 on April 20, 2015, KRW 1,512,463 on April 30, 2015, and KRW 821,515 on May 14, 2015, to Defendant B’s new bank account.

C. The Plaintiff received KRW 17,13,4199 in total, including KRW 17,145,288 on September 1, 2015, KRW 9,625,00 on April 15, 2015, KRW 2,406,250 on May 5, 2015, KRW 1,191,750 on June 5, 2015, KRW 845,250 on July 6, 2015, KRW 1,145,288 on September 7, 2015, KRW 87,381 on October 87, 2015, KRW 14,032,50 on March 14, 2016, and KRW 50 on September 5, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that since the Plaintiff loaned 70,443,658 won that was remitted as above to the Defendants, the Defendants are obligated to repay the remaining loans of KRW 53,310,239 (=70,443,658 - KRW 17,133,419).

As to this, Defendant C argues that there was no receipt of the said money from the Plaintiff, and Defendant B did not borrow the said money from the Plaintiff, or it did not borrow the money from the Plaintiff as a partner.

B. (1) First of all, it is not sufficient to acknowledge that Defendant C borrowed the above money from the Plaintiff solely on the basis of the above basic facts or the statement of Gap evidence Nos. 4 through 6 submitted by the Plaintiff with respect to the claim against Defendant C, and there is no other evidence to prove otherwise.

(2) Next, with respect to the claims against Defendant B, a number of statements in No. 1, No. 2, No. 2-1, No. 3-1, No. 3-11, and No. 4 and the overall purport of arguments are considered comprehensively.