1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff transferred KRW 30,00,000,000 on March 31, 2016, to the account under the Defendant’s name, the Defendant’s child designated by the Defendant, and KRW 4,000,000 on April 1, 2016, and KRW 30,000,000 on April 3, 2016, and KRW 6,000,000 on April 4, 2016 (i.e., KRW 10,000,000 on KRW 10,000,000,000 on KRW 6,000,000.

B. Meanwhile, the Defendant entered into a contract with F to supply the Defendant’s goods to F on November 10, 2015, which was engaged in wholesale and retail business on the electronic tobacco price with F on the trade name of “E,” thereby allowing F to sell the Defendant’s goods to the Defendant’s agency. However, the Defendant’s sales amount of the Defendant’s products, which requires F to pay KRW 1,000 per Byung after deducting taxes from F’s account.

[Ground for Recognition: Facts without dispute, Gap 1, 3 evidence, each entry of Eul 6 evidence, the purport of the whole pleadings]

2. The assertion and judgment

A. Each of the plaintiff's arguments (1) around March 2016, the plaintiff's assertion that he/she intends to lend the electronic tobacco business funds to the defendant to pay the principal and distribute profits within several months if he/she lends the electronic tobacco business funds to the defendant, and he/she lent a total of KRW 30,000,000 to the defendant from March 31, 2016 to April 4, 2016, and the above loan has not been repaid by the defendant. The defendant is liable to pay the plaintiff a loan of KRW 30,000,000 and delay damages therefor.

Even if the above money is not a loan but an investment loan, since the partnership relationship between the plaintiff and the defendant terminates due to the defendant's fault, the defendant shall return the full amount of the investment to the plaintiff.

(2) The Defendant’s assertion is not a loan, but an investment loan, and the other party who received an investment from the Plaintiff is not the Defendant but the Defendant and the Defendant promoted an electronic tobacco business. Therefore, the Defendant is not obligated to comply with the Plaintiff’s claim.

(b)(1) In the event of transfer of money to another person’s deposit account, the transfer shall be made;