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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, as an unmarried South-North Korean father, provided the Defendant with the purchase fund, etc. of apartment vehicles, and paid monthly living expenses of KRW 4 million.
B. On August 26, 2015, the Defendant and the Defendant-friendly C entered into a partnership agreement with the Defendant’s investment of KRW 80 million and KRW 20 million to jointly operate the fireworks of the trade name called E in Daegu-gu D Building 109 (hereinafter “instant fireworks”), and opened the instant fireworks on August 31, 2015.
C. On March 26, 2015, the Plaintiff sent KRW 5 million to the account in the name of the Defendant via F on March 26, 2015. On August 5, 2015, the Plaintiff wired KRW 27 million out of the lease deposit to G, a lessor of the store, and remitted KRW 3 million to H, the former lessee of the store.
The Defendant and C closed the fireworks of this case on December 7, 2015, and the Plaintiff and the Defendant, around December 2015, have settled the conflict between the Plaintiff’s wife and the two parties.
E. On February 23, 2016, the Defendant prepared and sent to the Plaintiff a written confirmation that the instant fireworks transfer was completed until March 20, 2016 (hereinafter “instant confirmation”).
F. Meanwhile, the instant fireworks Corporation (hereinafter “the instant fireworks”) filed a lawsuit against the Defendant and C with the Daegu District Court 2016dan105340, Daegu District Court. However, the said court: (a) on September 13, 2017, the Plaintiff requested the instant fireworks to the Nonparty Company, which had been in a usual transaction relationship; (b) on the part of the Defendant and C, the Nonparty Company did not either prepare a construction contract, etc. or make a verbal agreement on the time of payment; (c) the Nonparty Company started to claim the construction payment to the Defendant and C at the time when the Plaintiff and the Defendant were separated; and (d) the Plaintiff’s life and economic growth of the Defendant.