1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who served as the former representative director of Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”), and the Defendant is a person who served as the auditor of Nonparty Co., Ltd.

B. On November 12, 2014, the Plaintiff remitted KRW 7,000,000 to the passbook in the name of the Defendant, and KRW 200,000 on January 15, 2016 to the passbook in the name of the non-party company. On January 19, 2015, KRW 3,000,000 on March 21, 2015, and KRW 1,000,000 on April 8, 2015, the money transferred to the passbook in the name of the non-party company was again remitted to the Defendant passbook in the name of the non-party company.

[Ground of recognition] Facts without dispute, Gap evidence 1-5, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff borrowed the instant money to the Plaintiff by presenting a certified copy of the register of the real estate owned by the Plaintiff, the Defendant is obligated to pay the said money to the Plaintiff.

B. The Defendant, as the auditor of the non-party company, lent the passbook to D, the actual owner of the non-party company, but only received the investment money from the Plaintiff as the passbook in the name of the Defendant while promoting the non-party company’s business.

3. Even though there is no dispute between the parties to the judgment as to the fact that the amount is received, if one of the parties claims that it is a loan for consumption and the other party claims that it is the cause of the loan for consumption, the claimant has the burden of proof.

However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the instant money to the Defendant, and there is no other evidence to acknowledge otherwise.

① The Plaintiff is an account in the name of the Defendant or Nonparty Company for about five months.