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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 gist of the Plaintiff’s assertion is that the Plaintiff was a person who had been in office of C (hereinafter “C”) as a whole before and after the mutual change.
C around October 2012, through the Defendant, accepted E-works (hereinafter “instant construction”) ordered by Sambu Corporation through the Defendant, and the Defendant demanded C to pay KRW 250 million in return for receiving the instant construction contract.
However, as C’s financial situation is not good, the Defendant offered C’s former secretary to pay the Plaintiff KRW 50 million to the Plaintiff at the time of the instant construction work, instead of loaning KRW 50 million, and the Plaintiff believed this and lent KRW 50 million to the Defendant.
After that, C discontinued the construction of this case, and the defendant is obligated to return KRW 50 million to the plaintiff.
2. In full view of the facts stated in the evidence Nos. 2 and 5, the Plaintiff remitted KRW 50 million to the Defendant’s account on October 19, 2012, and the Defendant was 50 million.
H. On October 18, 2012, a receipt (Evidence 5) stating that the above amount was paid in full. A. B. C(State) was issued on the same day, but on the other hand, the above receipt was merely a fact that the Defendant received KRW 50 million from the Plaintiff, and there was no statement that the Defendant borrowed the above money. ② The above receipt was stated as “C(State) A,” and the Plaintiff voluntarily made an agreement between C and the Defendant regarding the instant construction, but C did not comply with it, and thereby the Defendant threatened C, and the representative director of C company requested the Plaintiff to lend KRW 50 million directly to the Plaintiff, and the Plaintiff remitted KRW 50 million to the Defendant.
In light of the fact that it is alleged that the said money has been directly given by the contractual relationship between the Plaintiff and the Defendant in light of the fact that the said money was claimed (the reasons for the claim for payment order).