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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. On July 2013, the Plaintiff’s representative director C came to know D’s representative director upon the introduction of the branch director. On April 30, 2014 and June 9, 2014, each of the KRW 110 million deposited via an account in the Defendant’s name (hereinafter “the instant money”). D received each of the said money, and D issued an electronic tax invoice of KRW 50 million to C, respectively, with the value of supply of KRW 50 million and tax amount of KRW 50 million.
B. D, while carrying out the business of “sex oriental medicine” (hereinafter “instant business”), which allows Korean doctors to look at sexual surgery in China’s Cheongdo area, received the money received from C, and received additional investments, and conducted sexual surgery and treatment by remodelling E’s ward. On January 17, 2015, E received the Fsung surgery and general surgery, and E was newly issued a license for medical organization’s business by adding the medical surgery, beauty surgery, cosmetic surgery, and cosmetic to the specialized department on May 22, 2015.
[Reasons for Recognition] Facts without dispute, entry in Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) The representative C of the Defendant’s representative director, “I want to establish a sexual intercourse in China’s Cheongdo,” and lent the instant money to the Defendant two times through two times on the ground that the Plaintiff’s claim against the Defendant against the Defendant is a bond with no fixed time of return, and thus, the Defendant is obliged to pay the Plaintiff KRW 10 million and delay damages.
B. The Defendant’s instant money is not a loan, but an investment in the instant project promoted by D in the Chinese Cheongdo area. The Defendant issued a tax invoice of KRW 10 million in value-added tax in the future of the Plaintiff Corporation, and thus, the Plaintiff is not a profit accrued from the instant project.