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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. The Plaintiff purchased the instant building in the auction procedure concerning the 1st and 6th above ground in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”) and completed the registration of ownership transfer on October 17, 2016.
B. On August 12, 2016, the Defendant registered the business of entertainment tavern business with the trade name “D” from the 2 and 3th floor of the instant building, and on December 23, 2016, the said business owner was changed to E.
C. The Plaintiff, under the name of the Plaintiff or another person, remitted a total of KRW 398 million to the Defendant over 17 times as follows.
1. F. 28 million won on September 7, 2016, 1, 201. 5 million won on September 7, 2016, G 30. 67 million won on October 28, 2016, H 45 million won on November 17, 2016, I 6. 1. 6 million won on November 23, 2016, 6. 7. 1. 6 million won on November 30, 2016, Plaintiff 16. 6. 7 billion won on November 30, 2016, Plaintiff 200 million won on December 15, 2016, Plaintiff 16. 6. 7 million won on December 16, 2016, Plaintiff 16. 7 million won on December 16, 2016, Plaintiff 200 million won on December 16, 2016
2. If the Plaintiff’s assertion that he lent the entertainment tavern operating fee, the Plaintiff would contact the persons who possessed the instant building and have them deliver the said building to the Plaintiff, and would pay the Plaintiff money and pay a portion of the profit with the entertainment tavern operating the entertainment tavern, and the Plaintiff lent a total of KRW 398 million to the Defendant. As such, the Defendant is obliged to refund the borrowed amount of KRW 398 million to the Plaintiff and the delay damages therefrom.
3. The fact that the Plaintiff is the owner of the instant building, and the fact that the Defendant was the business registration holder of an entertainment tavern operated on the 2 and 3th floor of the instant building from August 12, 2016 to December 22, 2016, as seen earlier.