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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. On May 25, 2012, the Plaintiff: (a) requested C Co., Ltd. (hereinafter “C”) to create “a balance certificate of at least 25 billion won necessary for concluding a sales contract with respect to 100 apartment units located in Songpa-gu Seoul Metropolitan Government D; and (b) drafted a letter of content as follows:
The letter of request
1. The amount of the raising fund shall be zero billion won (25,000,000,000) and shall be set up as a pledge against the borrower; and
2. The term of raising funds shall be from May 29, 2012 to May 31, 2012;
3. On May 31, 2012, the Fund owner shall execute a KRW 00 billion after the transfer of ownership in the name of the first priority priority mortgage on an apartment in D, or the name of the Fund owner or the second title of the apartment in D.
4. No funds raised shall be withdrawn within the period for raising funds.
5. Submit all documents (written consent to the use of funds, certificate of personal seal impression, and certificate of balance) to the requester by May 29, 2012;
B. In return for the above financing, the Plaintiff paid KRW 103,00,000 to C. On May 25, 2012, the Plaintiff issued a check of KRW 88,000,000 to E, a representative director of C, and transferred KRW 15,00,000 to the Defendant’s account under the name of F on May 29, 2015.
The check was deposited into the Defendant’s account on the day.
C. On May 30, 2012, C issued a bank account (Account Number H) in the name of G with a statement of balance of KRW 30 billion on May 30, 2012 to the Plaintiff.
30 billion won deposited in the above account was deposited at around 9:24 on May 30, 2012, and was returned at around 9:39 on the same day.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion C, despite its duty to maintain the balance on the balance certificate issued to the Plaintiff according to the balance raising agreement with the Plaintiff by May 31, 2012, withdrawn the said funds immediately after the issuance of the balance certificate. Accordingly, the Plaintiff is located in D that was being promoted at the time.