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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 deposited approximately KRW 880,000,000 from October 201 to June 2015 to the new bank account (D; hereinafter “instant account”) under the name of the Defendant.
B. From November 2012 to November 20, 2014, the Defendant deposited a total of KRW 175,956,000 in the instant account.
C. From September 15, 2013 to November 25, 2015, the Defendant transferred KRW 328,147,843, among the money deposited in the instant account from September 15, 2013 to the account in the name of E, F, and G, a parent of the Defendant or the Defendant, by means of sponsoring.
[Grounds for Recognition] The absence of dispute, Gap evidence 2, Eul evidence 1, Eul evidence 2, and 5, and the result of response to the order to submit financial transaction information to the new bank of this court on April 14, 2016
2. The Plaintiff asserted that the Plaintiff deposited the instant account in the name of the Defendant, who had been in a H market’s store management and sales business, with the relationship of bad credit holders.
The defendant arbitrarily used 328,147,843 won of the money deposited by the plaintiff in the above account. The defendant is obligated to return from the above money to the plaintiff 175,956,000 won, excluding 57,000,000 won borrowed from the defendant to I in order to pay the deposit money for lease, and damages for delay to the plaintiff 95,191,843 won and losses for delay.
3. The circumstances acknowledged by the overall purport of evidence Nos. 2, Nos. 2, 1, 2, 5, 7, and 8 as well as the overall purport of pleadings, namely, the statement of withdrawal from the instant account from January 15, 2014 to August 31, 2015, was notified to the Plaintiff’s mobile phone used by the Plaintiff. Dur the said period, the amount withdrawn from the instant account under the name of the Defendant and the Defendant’s his/her father was 284,047,843 equivalent to approximately 86% of the amount claimed by the Plaintiff to be arbitrarily used by the Defendant, and the Plaintiff was 2,50,000 won to the Defendant on February 2, 2015.