1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who has been engaged in oil sales business under the trade name of “C,” and D (hereinafter “the network”) is a person who died on July 3, 2017, under the trade name of “E gas station.”

B. The defendant is the person who is the deceased, and is the sole inheritor of the deceased.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 5-1, 2, Gap evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, which caused the claim, requested the Plaintiff to lend money to the Plaintiff, or to purchase oil at a container, and if the purchase fund is necessary, the Defendant loaned part of the proceeds from oil sales to the Plaintiff.

Accordingly, the Plaintiff, as indicated in the attached Table (1) column, lent a total of KRW 487,541,90 to the Deceased from July 9, 2014 to May 24, 2017. From January 1, 2015 to November 14, 2017, the Plaintiff received reimbursement of KRW 312,986,760 in total from the Deceased and the Defendant from January 1, 2015 to November 14, 2017.

Therefore, as a sole inheritor of the deceased, the Defendant is liable to pay the Plaintiff the remaining loan amount of KRW 174,55,140 and the delay damages for this.

B. It is recognized that the part of the money listed in the separate order Nos. 15 and 16 in the separate sheet Nos. 15 and 16 is paid by the Plaintiff by means of remitting it to the deceased, based on each evidence indicated in the evidence column in the above table.

However, there is no objective evidence that the deceased died and that the nature of money paid by the plaintiff to the defendant is a loan, and ② the plaintiff was paid a total of KRW 56,286,215 from January 1, 2015 to June 5, 2017 as shown in the attached Table (3), and the above money was claimed that the deceased was paid a profit-sharing profit after lending oil purchase fund to the deceased. Thus, if the deceased paid money to the plaintiff as a profit-sharing profit, the money paid to the deceased is the money paid to the deceased.