1. The plaintiff's claim is dismissed.

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

1. The party's assertion and judgment

A. On June 14, 2016, the Plaintiff asserted that he met the Defendant through C, and that the Plaintiff lent KRW 40 million to the Defendant by hearing from C and the Defendant that he would immediately refund money to the Defendant at a right time and remitting money to the Defendant account.

The defendant did not return the above loans.

B. The Defendant asserted that C had a loan claim amounting to KRW 40 million, but C had a well-known loan claim from C, and that “A bank has paid the loan money. It shall be repaid with the loan money, but the principal shall be a bad credit holder, and the money shall be transferred in another person’s name.” The Defendant heard the horses and informed C of the account number.

Plaintiff

The above 40 million won, which was remitted from the side, is the money for which the defendant received the repayment of the loan to C.

There is no contractual relationship between the Plaintiff and the Defendant, and there is no fact that the Defendant borrowed money from the Plaintiff.

C. The evidence presented by the Plaintiff alone is insufficient to recognize that the Plaintiff lent the instant KRW 40 million to the Defendant.

Rather, according to the Gap evidence No. 2 (Notice of Reasons for Non-prosecution), it is only recognized that the witness, including C, made a statement consistent with the defendant's argument in a criminal case in which the plaintiff filed a complaint against the defendant, and that a disposition of non-guilty suspicion was issued to the defendant on the basis of other relevant materials, etc

2. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.