1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's assertion

A. At present, the plaintiff's representative director C and the defendant's husband D operate the company as a partnership business.

In 2004, the plaintiff was established.

C Around December 31, 2007, when D substantially operated the Plaintiff due to a traffic accident, D borrowed KRW 40,000,000 from the Defendant on the Plaintiff’s nominal representative director, and D had E prepare a loan certificate.

D around August 26, 2009, transferred KRW 40,320,000 from the Plaintiff’s account to the Defendant’s account under the pretext of repaying the borrowed money from the Defendant.

As such, the defendant, along with D, has committed a tort by deceiving the representative director E by deceiving the plaintiff representative director, or obtained profits from receiving money without any legal cause, and thus, shall compensate the plaintiff for damages equivalent to the above 40,320,000 won or return unjust gains.

B. According to the witness E’s testimony, E is deemed to have obtained a loan certificate (No. B. 1) retroactively from a policeman on January 2008, 2008, and delivered to D, even though it is deemed that the above circumstance alone is insufficient to recognize the Plaintiff’s assertion.

Rather, according to the statements in Eul evidence Nos. 1 and 2 and witness E’s testimony, Eul was almost unaware of the Plaintiff’s financial situation, the defendant remitted KRW 40,000 to the account under the Plaintiff’s name on December 31, 2007, and on August 26, 2009, 40,320,000 was remitted from the Plaintiff’s account to the Defendant’s account under the name of “loan Ban System.”

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.