1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

The plaintiff is a company aimed at the wholesale, retail, and sales business of scrap iron, and the defendant is a business registration titleholder of Gangseo-gu Busan Metropolitan Government C Industrial Machinery D (hereinafter referred to as the "instant company").

B. On February 2013, with respect to the scrap metal compressed machine (hereinafter “instant machine”) purchased by the Plaintiff from Nonparty DKM Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff’s representative director E, the Defendant, and Nonparty F, etc. were written in the name of the Plaintiff (hereinafter “instant contract”) and the Defendant (the Plaintiff’s construction contractor) for the mechanical repair and installation contract (the document No. 2, No. 200,000, and the repair period from February 25, 2013 to March 28, 2013).

C. The Plaintiff transferred 23,500,000 won out of the repair payment to the Defendant’s account at the time of the preparation of the instant contract, and transferred the instant machinery to the said business establishment of the instant company.

However, the execution of the instant contract became impossible due to the disposal of the instant machinery to a third party.

2. The plaintiff's assertion and judgment

A. 1) Inasmuch as the execution of the instant contract was impossible due to the payment of the above repair cost and the disposal of the instant machinery to a third party after delivery of the instant machinery, the Defendant, as a direct party to the instant contract, is obligated to return the said repair cost of KRW 23,500,000 to the Plaintiff (direct party’s assertion), even if not,

However, the defendant is obligated to return the above repair amount to the plaintiff under Article 24 of the Commercial Act as the nominal lender who lent the name of the contract of this case to F.

(B) the name holder's assertion;

Judgment

1. directly.