1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. The Defendant is a company that operates real estate rental business or used cars sales business, and the Plaintiff was registered as the Defendant’s auditor from May 6, 2008 to December 6, 201.

The defendant owns 100% of shares of D Co., Ltd. (hereinafter referred to as “D”).

B. The Plaintiff leased KRW 375,684,415 in total to the Defendant or D Co., Ltd. by means of remitting money to the Defendant or D Co., Ltd. upon the Defendant’s request for a loan, but the Plaintiff received only KRW 336,466,861 in total from the Defendant and D Co., Ltd.

C. Therefore, the Defendant is liable to pay the Plaintiff the unpaid loan amount of KRW 39,217,54 and the delay damages therefor.

2. In light of the following facts: (a) in order for the money to have been paid due to a loan for consumption, the intent of both parties to make the said money as a loan for consumption must be satisfied at the time of payment of the money; and (b) in a case where the other party asserts that the payment of the money was made due to a loan for consumption, a person asserts that it was made due to a loan for consumption; (c) the Plaintiff merely alleged that the said money was lent to the Defendant; and (d) the Plaintiff did not state the content of a loan for consumption, such as the due date and interest, and did not submit any other objective data to deem that there was a mutual agreement with the intent to lend the said money at the time of payment of the loan; and (e) the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the above money to the Defendant, and

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