1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From June 2012, C: (a) around the end of June, 2012, the Plaintiff provided that “A, only three months, if the Defendant, who is the owner of his/her credit, obtained a loan of KRW 50,000,000 from the second financial right, would have to lend money again from the first financial right to the Defendant; and (b) accordingly, the Plaintiff wired KRW 51,00,000 to the Defendant’s national bank account (Account Number: D) on August 16, 2012.

B. On March 7, 2013, the Plaintiff asserted that, in collusion with C about the money transaction described in the preceding paragraph, the Defendant, even though there is no intention or ability to repay, by deceiving the Plaintiff even though he did not have any intention or capacity to repay, and filed a complaint against C and the Defendant, etc. with the charge of fraud together with the other defraudation by C.

As a result, around March 19, 2014, the defendant was indicted by the prosecutor of the Ulsan District Prosecutors' Office (insufficient evidence), and C was indicted by the Ulsan District Court 2014dan572 and was sentenced to imprisonment on July 17, 2014.

(A) C appealed with the Ulsan District Court 2014No679, but was sentenced to the dismissal of appeal on November 28, 2014).

Meanwhile, the Defendant, upon receiving the above KRW 51,00,000 from the Plaintiff, remitted KRW 5,000,000 to the E account on August 16, 2012, as required by C, to F’s account; and KRW 2,750,000 to C on the 17th day of the same month.

[Reasons for Recognition] Gap evidence Nos. 1, 19, 20, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Plaintiff’s assertion 1) Around August 16, 2012, the Plaintiff lent KRW 51,00,000 to the Defendant via C. As such, the Defendant shall refund the Plaintiff the loan amounting to KRW 51,00,000 and the delay damages therefor. 2) If the Defendant did not borrow KRW 51,00,000 from the Plaintiff, the Defendant acquired the above KRW 51,00,000 without a legal title, and thereby, the Plaintiff suffered damages equivalent to the same amount. The Plaintiff was by deception against C, and the Defendant was 51,000,000.