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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 Defendant’s wife concluded a franchise agreement with D and operated the F store as an individual business operator in Chuncheon-si E (1st floor), and terminated the franchise agreement, and changed the trade name from November 30, 2012 to H “H” (hereinafter “H”); thereafter, the Defendant’s wife established Company I on September 26, 2014, and operated the restaurant (processing and sales) with the same trade name as the corporate business operator from October 7, 2015, and closed the business on July 10, 2015. Meanwhile, the Defendant concluded a contract to rent part of the M building in Chuncheon-si as KRW 50,000 on October 13, 2014 (representative) and concluded a lease agreement with K (hereinafter “H”) to set the deposit amount as KRW 50,000,000,000.
C. The Plaintiff came to know of the period from the time when the Defendants operated the F store G, and came to work from March 2015 to March 1, 2015, and when the first place was closed as above, the Plaintiff came to work at 2 points from August 2015 to December 2015.
The Plaintiff transferred to the Defendant’s account KRW 5 million on October 13, 2014, KRW 27 million on the same month, and KRW 32 million on the aggregate (hereinafter “the instant money”).
[Ground of recognition] Gap evidence Nos. 1, 5 to 7, 10 to 21, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) The Defendant: (a) requested the Plaintiff to open two points in the form of J around October 2014 to the effect that “it is necessary to open the two points; (b) KRW 50,000,000 is needed; (c) as the head of the first place is arranged, the Plaintiff accepts the request and “the instant loan agreement”; and (d) “the instant loan agreement” is “the Plaintiff’s loan agreement.
(2) As above, the Defendant is obligated to pay the Plaintiff the above loan and the damages for delay. (2) If the instant money is not the loan but the Defendant’s investment funds, the Defendant’s opening business funds are two points.