1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s summary of the Plaintiff’s assertion is operating “C”, and the Defendant served as an accounting employee in C’s operation.

The Plaintiff allowed the Defendant to use the Plaintiff’s credit card within the limit of KRW 1.5 million per month, which is the Defendant’s salary, on the ground that the Defendant needs living expenses, and lent KRW 10 million on January 4, 2017.

However, from January 201 to December 2017, the Defendant transferred or withdrawn 12,749,000 won in total from the Plaintiff’s corporate bank account under the Defendant’s name to the Defendant’s account, and consumed voluntarily. Besides, the Plaintiff used 28,771,990 won, such as purchase of goods with the Plaintiff’s Samsung Card, corporate bank card, and our card, and used 3,746,535 won in excess of the Defendant’s salary.

In addition, since the above defendant's act constitutes embezzlement, the defendant is obligated to pay 46,235,905 won in total and 10,000 won in total to the plaintiff.

However, since the Defendant paid only 16,390,000 won out of the above amount up to now, it is obligated to pay to the Plaintiff the remaining loans and embezzlement amount of KRW 39,845,905 (= KRW 46,235,905 - KRW 10,000 - KRW 16,390,000) and damages for delay.

B. The money paid by the Plaintiff to the Defendant and the credit card use fee in the name of the Plaintiff used by the Defendant is the money that the Plaintiff, who was in a de facto marital relationship, donated to the Defendant under the pretext of living expenses, etc., not the Plaintiff lending the said money to the Defendant or embezzlement.

2. According to each entry of Gap evidence Nos. 2-1 through 9, the plaintiff transferred KRW 9,700,000 to the defendant on January 4, 2017. The defendant from January 2017 to December 2017 to the corporate bank account in the name of the plaintiff.