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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the manufacturing of machinery and equipment with the trade name C.
D is a person who engages in the business of assembling and manufacturing contact machinery with the trade name of E, and is the spouse of the defendant.
B. The Plaintiff entered into a contract with D to subcontract the production of contact with D.
The plaintiff paid cash to D for the purchase of parts, etc., or allowed D to use the card under the name of the plaintiff, and decided to settle the price of goods to be paid to D.
Of the cash paid by the Plaintiff as above, the money paid to the Defendant’s account is KRW 28,58,790 from September 3, 2013 to November 5, 2014.
C. Around January 15, 2015, the Plaintiff filed a lawsuit against D, such as seeking the return of the remaining loan, which deducts the amount of goods to be paid to D from the amount paid to D, from the amount of goods to be paid to D, and D filed a counterclaim against the Plaintiff on November 16, 2015.
In the foregoing case, D on July 22, 2016, paid to the Plaintiff in installments the amount of KRW 40 million from August 22, 2016 to July 22, 2017, and paid a total of KRW 47 million and damages for delay if it delays the above installment payment obligation, and the conciliation was concluded by August 15, 2016 to deliver the occupied portion of D out of the F-owned Factory Building of the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan Government.
However, D did not perform the obligation to pay money as stipulated in the above conciliation until the date of closing the argument in this case.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion D had no intent to use the parts to purchase them, deceiving the Plaintiff, thereby receiving money from the Plaintiff for the purchase of parts, etc.
The defendant allowed D to use his own account in his name, and from the plaintiff.