1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 13, 2014, the Plaintiff supplied the landscaping trees of KRW 1.2 million at the site of the new apartment construction project, which was being constructed in Jinnam-gun D, by the Defendant’s introduction (hereinafter “C”).

B. On February 28, 2014, the Plaintiff issued a tax invoice with the supply value of KRW 14 million (including value-added tax; hereinafter the same shall apply) to the Plaintiff who is supplied C.

C. On March 12, 2014, Korea Trust Co., Ltd. (hereinafter “Korea Trust”), a fund management agent of C (hereinafter “Korea Trust”), transferred KRW 14 million from the Plaintiff’s account to the Plaintiff’s account. On March 13, 2014, KRW 14 million was transferred from the Plaintiff’s account to the Plaintiff’s wife E’s account. On the same day, KRW 10 million was remitted from the E’s account to the Defendant’s wife’s account (hereinafter “instant money”).

As of August 12, 2014, between the Plaintiff and C, a subcontract agreement was drawn up between the Plaintiff and C with the price of landscaping works (hereinafter “instant landscaping works”) as KRW 29,272,727.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 21, the purport of whole pleadings

2. The assertion and judgment

A. Claim 1) 1-B(a) of Plaintiff A’s 1-2(b) was paid by the Plaintiff as advance payment for the instant landscaping project. Since the Defendant, as if to be used for the instant landscaping project, sent KRW 10 million, pretended to be used for the instant landscaping project, and used for another purpose, which was transferred to F’s account as provided in paragraph 1-C, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10 million and delay damages for the return of unjust enrichment.

B) The Defendant also agreed to return the instant money to the Plaintiff, and thus, even according to the above agreement, the Defendant is obligated to pay the said paragraph (a).

2) At the time when C is supplied with landscaped trees as set forth in paragraph (1) of C, the Defendant was in charge of managing the relevant site as a managing director of the said company.

B. However, at the time, the above company is obligated to pay a maximum amount.