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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The party's assertion
A. From March 7, 2011 to June 17, 2011, the Plaintiff lent a total of KRW 2.5 million to the Defendant. The Defendant did not fully repay the remainder of the loan to the Plaintiff in addition to the transfer of the loan, in lieu of the repayment of the above loan, in lieu of the Defendant’s claim against B.
Therefore, the defendant is obligated to pay to the plaintiff the remainder of the loan 150 million won and damages for delay.
B. Money remitted by the Defendant Plaintiff is an investment fund.
After investing in the above money, the Plaintiff brought profits while carrying out the business activities of the Defendant, and after the withdrawal, the Plaintiff received the claim B and completed the settlement between the Defendant and the Defendant.
2. Determination: (a) The fact that the Plaintiff remitted 2.5 million won to the account under the name of the Defendant over four times from March 7, 2011 to June 17, 2011 does not conflict between the parties; and (b) according to the evidence No. 3, the Defendant recognized the fact that the money remitted from the Plaintiff was appropriated as the Defendant’s provisional deposit or short-term loan.
However, according to the statement No. 1, Eul evidence, Eul's testimony, and the whole purport of oral argument, ① the defendant is an enterprise that produces or sells riding clothes and supplies, and the plaintiff is an operating director of the defendant after remitting 25 million won to the defendant from June 2012, ② the amount of money deposited from the defendant's account at the time of the plaintiff's business activity is transferred to the plaintiff from time to time to time, and the total amount reaches at least 10 million won, ③ the fact that on October 30, 2012, the plaintiff retired and transferred KRW 50,350,000 out of the amount of money deposited by the defendant against Eul on October 30, 2012. Accordingly, it is probable that the settlement of profits accrued from the plaintiff's business activity and the amount remitted by the plaintiff to the defendant's transfer of claims, and further, the payment order of this case is terminated until the time of the request for the payment order of this case.