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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 gist of the parties’ assertion is the cause of the instant claim. The Defendant, a police officer, transferred KRW 3,50,000 to the Defendant’s account in the name of the Defendant’s wife on May 11, 201, when he received KRW 30,000,000,000 each month after Nonparty C’s receipt of KRW 3,50,000,000,000,000,000,000 each month; hereinafter “the instant order book”) organized on May 11, 201, he/she became a joint and several surety by joining Nonparty C and/or 5, who would be responsible and guaranteed for himself/herself while having subscribed to the Defendant’s account in the name of the Defendant’s wife, although it did not seem to be D, C trusted the Defendant’s trust and transferred KRW 30,000,000 to the Defendant’s account on September 3, 2011.
However, the deposit amount of the 3 and 5 accounts of the instant sequences was paid in the name of D on May 11, 201 and KRW 2 million on December 12, 201 of the same month (hereinafter above the first installment). The payment was made in the name of F on June 12, 2011 (second installment) and KRW 30 million on August 6, 201. The payment was made in the name of G and KRW 645 million on August 11, 201 in the name of G (four installments), and the said amount was paid in KRW 30 million on August 6, 201, and the said amount was paid in KRW 50,000 in KRW 30,000 in KRW 30,000 in KRW 4,000 in KRW 690 in the name of E (66 installments), and the Defendant was paid in the remaining amount of KRW 4,000,000 in KRW 167,191.1.
However, on November 16, 2016, C asserts that the Plaintiff transferred the credit to the Plaintiff and notified the Defendant of the credit payment. On this point, the Defendant asserted that Nonparty H subscribed to the instant sequence, the Defendant did not stand joint and several sureties, and that all the credit funds received from C were delivered to H.
2. The following circumstances, i.e., the judgment of the cause of the claim, Gap evidence 3, Eul evidence 2-1, Eul evidence 2-2, and the witness H's testimony, which can be considered as a whole, as a whole.