1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant had an account for futures option transaction with C Co., Ltd., but on December 1, 2016, the Plaintiff transferred KRW 50,000,000 in total to the said account under the Defendant’s name twice on two occasions.

B. After the transfer of KRW 100,000,000, the option sale price was deposited or the option purchase price was deposited in the account under the Defendant’s name. On January 26, 2017, the Plaintiff remitted KRW 20,000 to the said account additionally around January 26, 2017. At the time, the balance of the said account was KRW 37,16,144.

C. As above, the Plaintiff filed a criminal complaint with respect to KRW 120,000,00, which was remitted to the Defendant, on the ground that the Defendant, although there was no intent or ability to pay the principal and earnings, by deceiving the Plaintiff, and the Defendant was subject to a disposition of suspicion on April 15, 2019 on the ground that “it is difficult to deem that the Defendant by deceiving the Plaintiff, thereby deceiving the Plaintiff, thereby deceiving the Plaintiff KRW 120,00,000.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 5, 6, and 7

2. Determination as to the assertion of loan claim

A. The summary of the Plaintiff’s assertion: (a) the Defendant borrowed KRW 100,000,000 from six months to one year to return KRW 100,000 for a year; (b) the Defendant returned KRW 20,000,000 to the Plaintiff as soon as possible; and (c) subsequently, he/she borrowed KRW 120,000 in total by remitting KRW 20,000 to the Plaintiff as soon as possible; and (d) the Defendant is obliged to pay the Plaintiff the above loan amount of KRW 120,000,000 and delay damages therefrom.

B. We examine the following circumstances, i.e., ① the Defendant’s assertion, even if it is based on the Plaintiff’s assertion, although it is acknowledged that the Plaintiff remitted a total of KRW 120,00,000 to the Defendant’s account C under the Defendant’s name, and, on the other hand, deemed to have added the overall purport of the pleadings to the aforementioned evidence and evidence Nos. 3, 4, and No. 1 through 4.