1. The plaintiff's claims against the defendants are all dismissed.

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

1. The assertion and judgment

A. In around 2014, the Plaintiff, the representative director of Defendant C and the auditor of Defendant B (hereinafter “Nonindicted Company”) requested to lend money to the Nonparty Company at the request of the Nonparty Company to lend KRW 50 million. Thus, the Defendants jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 50 million.

B. According to the evidence Nos. 1 and 6, the Plaintiff’s bank account in the non-party company’s account as of June 30, 2014, and the same year

7.4. 10 million won was remitted, and at the time, the defendant C was the representative director of the non-party company, and the defendant B was registered as the inside director of the non-party company, respectively.

However, it is insufficient to recognize that the money transferred by the Plaintiff to the bank account of the non-party company as above was lent to the Defendants, not the non-party company, solely with the evidence and the statements and voice of Gap 2 through 6, Eul 3 and 4. There is no other evidence to acknowledge otherwise.

Furthermore, since the act of paying money to another person may be conducted through various causes, such as loan for consumption, investment, and donation, it cannot be readily concluded solely on the basis that the parties provided and received money, and even if there is no dispute as to the fact that the parties provided and received money between the parties, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). The aforementioned facts recognized and each of the evidence mentioned above are alone with regard to KRW 50 million remitted to the bank account opened in the name of the non-party company.