1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 6, 2016, C transferred KRW 40 million from the Plaintiff’s financial account (new bank) to the Defendant’s financial account.

The Plaintiff stated the above money as a short-term loan to the Defendant in the statement of expenses prepared around that time.

B. The defendant is a family.

As described in paragraph (1), the amount of KRW 40 million remitted from the Plaintiff to the financial account in the name of D, E, and F, and another financial account in the name of the Defendant (Korean bank) on the same day. The amount of KRW 10 million remitted to another financial account in the name of the Defendant was returned again to the financial account in the name of G.

C. The defendant is the plaintiff.

The cash custody certificate (Evidence A No. 1) was prepared and issued to receive KRW 40 million as stated in the subsection.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, Eul's 2 and 3, Eul's witness's witness's testimony, the whole purport of pleading

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff lent KRW 40 million to the Defendant, and the Defendant asserted that: (a) received KRW 40 million from the Plaintiff to the Defendant’s financial account; (b) it was not only forwarded by the Defendant, a bad credit holder, in lieu of the Defendant’s borrowed money, but also transferred it.

B. The facts that the Plaintiff transferred 40 million won to the Defendant’s financial account and received a cash custody certificate from the Defendant around that time are as seen earlier.

However, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings as to the testimony of Gap evidence Nos. 4 through 10, witness H and I, namely, ① the defendant claims that the debtor of the above 40 million won is his employee H, and H also claims that he borrowed the above money into his own accord; ② the plaintiff transferred the transferred money of KRW 40 million to D, E, F, and G's financial account on the same day at the request of H; ③ the plaintiff's representative director at the time was transferred to the above financial account at the time, ③ around three months after the date of the above remittance.