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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 17, 2016, the Plaintiff remitted KRW 75,000,00 to the Defendant on May 17, 2016, and D, via the Plaintiff, remitted KRW 75,00,000 to the Defendant on May 19, 2016 (However, the Defendant asserted that D transferred the said KRW 75,00,000,000 to the Defendant via the Plaintiff, rather than D, was aware that D transferred the said KRW 75,00,00,000.
(2) The Defendant transferred KRW 2,50,000,000 to C Co., Ltd. (hereinafter “C”) on May 25, 2016, when aggregating the remitted money and its own money, respectively. On May 25, 2016, the Defendant transferred KRW 307,00,000 to the law firm Jeong-man at the expense of notarial acts on May 25, 2016.
B. C’s business of constructing and selling a commercial building, officetel, etc. 1) C is a company established for the purpose of construction implementation, etc. on January 21, 2016, and E, the representative director of C, shall be the Ulsan-gu F, G 5 stories, business buildings of 30 stories above ground, officetels and sales business (hereinafter “instant business”). On May 2016, E, the representative director of C, is the Ulsan-gu F, G 5 stories, business buildings of 30 stories
2) Around May 2016, the Plaintiff visited C’s office several times and explained the instant project from H, E, E, and C’s employees (full-time employees).
(3) Around May 19, 2016, H, upon receipt of the instructions from the Plaintiff, made four copies of the supply contract with the effect that the sales price of four units among the officetels to be newly constructed as the instant project is fully paid, and delivered three copies to the Plaintiff, and the Defendant respectively. In addition, around May 19, 2016, E drafted a loan certificate with the effect that “A would pay KRW 1,00,000,000 to the Defendant” was written and a notarial deed with respect thereto. (4) The Defendant was registered as a internal director of C on June 15, 2016.
C. 1 Defendant, including related criminal cases, to C.