The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Basic Facts

Busan Savings Bank Co., Ltd. lent 5.8 billion won to C on February 28, 2007 (hereinafter “Nonindicted”) as of February 26, 201. The principal and interest of the loan as of October 28, 2014 is equivalent to KRW 4,409,782,781.

From April 18, 2011, KRW 150,000,000 was withdrawn from the Nonparty’s account under the Nonparty’s name, and KRW 100,000,000 was deposited in the Defendant Company A (hereinafter “Defendant Company”)’s account, and KRW 50,000,000 was deposited in the Defendant Company B’s account.

(2) The court below's decision on the ground that the plaintiff's deposit in this case was unlawful since the plaintiff's fraudulent act was recognized around June 2014, and one year after the plaintiff's fraudulent act was filed in this case. However, the above argument alone is insufficient to recognize that the plaintiff's deposit in this case is a fraudulent act, and there is no other evidence to acknowledge it. Thus, the court below's decision on the ground that the plaintiff's deposit in this case is a fraudulent act. The plaintiff's money statement and the copy of the cashier's check submitted as evidence in this case were printed out as evidence in this case.

Plaintiff’s assertion

The non-party donated the amount of money deposited as his own responsible property at the time of the deposit of this case, and the plaintiff revoked the contract of donation concluded with the defendants on the date of deposit of this case as a fraudulent act. Accordingly, the defendants shall return the amount of money deposited to the plaintiff accordingly.

Judgment

Facts of recognition

D[소외인의 형(兄)으로서 E과 사실상 피고 회사를 운영하는 자이다]은 2011. 4. 5. 피고 회사 계좌에서 105,000,000원, 피고 계좌에서 45,000,000원 등 합계 150,000,000원을 인출하여, E이 같은 날 재단법인 F(이하 ‘소외 재단’이라 한다) 이사장 G에게 로비 명목으로 2억 원을 지급하는데 사용하도록 하였다.

The non-party foundation on April 2011.