1. The plaintiff's claim is dismissed.

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

1. Basic facts and the summary of both parties' arguments

A. Under the underlying facts, the Plaintiff is an executor of the construction project of the C apartment (hereinafter “instant project”), and D Co., Ltd. (hereinafter “D”) entered into a sales agency contract with the Plaintiff on December 28, 2016, stating that the sales agent of the newly constructed apartment related to the instant project is in charge of the sales agent of the apartment and the amount equivalent to 5% of the sales price of the newly constructed apartment and the sales agent is in charge of fees (hereinafter “instant sales agency contract”), and the Defendant is one of the inside directors of D.

On March 14, 2017, the Plaintiff remitted KRW 43,746,00 to the Defendant’s name account.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

B. (1) The Plaintiff asserts that the money transferred to the Defendant’s account on March 14, 2017 is a loan lent to the Defendant on the maturity date for payment on December 2017.

(2) The Defendant asserts to the effect that the money transferred to the Defendant’s account on March 14, 2017 by the Plaintiff for the following reasons is not a loan to the Defendant.

The plaintiff, which had to prepare enforcement funds related to the business of this case through the intermediate payment loan, had D enter into a false sales contract through a nominal loan. Although the down payment to be paid in the process of concluding a false sales contract using the nominal lender was first prepared by the plaintiff, the plaintiff had it paid in lieu of D.

In the process, on March 14, 2017, the Plaintiff transferred part of the down payment short of D through the Defendant’s account under the name of the Defendant, or not leased it to the Defendant.

2. Determination

A. The exchange of money between the parties can be made on the basis of various legal causes, such as loans for consumption, investment, donation, repayment, etc., and thus, money was given and received between the parties.