1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

The Plaintiff paid KRW 31 million to an enterprise bank account in the name of the Defendant, which was designated by C, by deceiving C to operate a restaurant.

However, the plaintiff did not acquire the right to operate the cafeteria.

Therefore, the defendant is obligated to pay the above KRW 31 million to the plaintiff.

Judgment

According to Gap evidence Nos. 1, 2, 4 and Eul evidence Nos. 1, the defendant was the representative director of D who entered into a contract for the operation of the restaurant with the project executor at the new site of Pyeongtaek-si around April 20, 2010, and the plaintiff paid 31 million won in total to the company bank account in the name of the defendant designated by C at the request of C to pay money for the purchase of the new site of the new apartment located in Pyeongtaek-si. Since November 8, 2011 to June 27, 2012, C was the outside director of D, and D was substantially operated by the defendant's de facto spouse, and the defendant was registered as the representative director of D by lending his name to E.

The purport of allowing the plaintiff to operate a brine restaurant is not that of the defendant, but that it is not sufficient to recognize that the defendant deceivings the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s assertion is difficult to accept.

The plaintiff's claim is dismissed.