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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. In May 2016, the Plaintiff, with the Defendant known to the Republic of Korea, was urged to travel from the Republic of Korea in the Republic of Korea on May 2016, to make an investment to pay 30% of the profits when investing in the said rolling business.
B. Since June 2, 2016, the Plaintiff remitted KRW 25,000,00 to the Defendant’s name account (hereinafter “C”) designated on June 2, 2016, and delivered the Defendant a deposit sheet of KRW 45,000,00 on June 14, 2016, and ③ (3) on June 22, 2016, the Defendant’s account was transferred KRW 3,00,000,000 to the Defendant’s account on July 15, 2016, and ⑤ KRW 20,000,000 to the Defendant’s account on July 21, 2016, and ⑤ KRW 10,620,000 to the D’s name on July 22, 2016; and (8) on August 24, 200, 2008; and
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 to 4 and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that, upon receiving a request from the Defendant to lend business funds, the Plaintiff asserts that the Defendant should pay the said loans to the Defendant, as the Plaintiff lent KRW 131,820,000 in total to the Defendant between June 2, 2016 and September 2, 2016.
In regard to this, the Defendant only invested KRW 131,820,000 by the Plaintiff to operate a casino business with the Defendant and then did not lend it. Even if the Plaintiff claimed, the Defendant lent KRW 20,000,000 on July 21, 2016, and KRW 10,620,000 on July 22, 2016.
This argues that it can not be claimed as illegal consideration because it is lent as gambling money.
B. 1) The following circumstances revealed by comprehensively taking account of the evidence presented before the determination of the cause of the claim and the overall purport of the pleadings, namely, ① the Plaintiff’s casino business from the Defendant (in the case of casino, the Plaintiff introduced customers to be engaged in games, and the customers make money.