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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a contract with D on July 18, 2014 with the head of the non-party E, the vice president of the company D (hereinafter referred to as “D”) running the TRS business that is simultaneously able to use the same as non-electric, while being a cell phone with the identification number attached before and at the same time, and entered into a branch contract with D on July 18, 2014.
B. In relation to the above branch contract, the Plaintiff transferred a total of KRW 53 million to the Agricultural Cooperative Account under the name of the Defendant, including KRW 15 million on July 15, 2014, KRW 30 million on the 17th of the same month, and KRW 8 million on the 19th of the same month.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings
2. The Plaintiff asserts that the Defendant is the Dong-in, who is the Defendant’s Dong-in, and is in charge of the D’s accounting position, and is in charge of the Plaintiff’s transfer from the Plaintiff to the account in his own name. As such, the Plaintiff asserts that the Defendant is liable to pay the KRW 53 million and its delay damages paid in terms of the subscription cost of the branch office contract concluded by the deception of E.
However, according to the whole purport of the arguments and evidence Nos. 1 and 2 (including the virtual number) and all pleadings, it is difficult to recognize that the defendant is responsible for the return of the above money to the plaintiff. However, according to the whole purport of the arguments and evidence Nos. 1 and 2 (including the virtual number) as a D accounting staff, the defendant provided the agricultural bank account under his/her name in relation to D business, and the withdrawal of the money received from the plaintiff from the defendant's account in cash from the defendant's account or transfer to F (E), G, etc. can be seen as following the direction of E. ② The plaintiff also concluded a branch contract with the defendant through G introduction and concluded a branch contract with the defendant and concluded a branch contract with the defendant before the lawsuit of this case. ③ In addition, the defendant did not have the intent or ability to implement the branch contract in collusion with E.