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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a creditor holding a loan claim against Nonparty C Co., Ltd. (hereinafter “C”), and the Plaintiff’s claim for return of unjust enrichment of USD 199,320 against the Defendant by subrogation of insolvent C based on the obligee’s subrogation right [the claim for return of unjust enrichment of USD 199,320 in the United States currency of this case which C has against the Defendant [the case shower, a shower, K-Sine T echlogy Cp., hereinafter “the case shower”).
2) The Defendant, through the Defendant, paid USD 199,320 directly to the Defendant and sought payment of USD 199,320 directly to the Plaintiff.
In other words, the original C had the obligation of KRW 366,532,00 to Nonparty D (the trade name of the individual company operated by Dong and hereinafter referred to as “E” for convenience; D is the representative director of the defendant); the non-party F Co., Ltd., a related company C (hereinafter referred to as “F”), bears the obligation of KRW 239,91,00 to the defendant; and C had the obligation of KRW 400,000 to the defendant; and C had the Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as “Seoul Guarantee Insurance”); but E and the defendant paid USD 199,320 to the defendant in order to prevent the defect that C intended to claim insurance in Seoul Guarantee Insurance.
However, upon receiving insurance money from Seoul Guarantee Insurance, E and the defendant shall return the above USD 199,320 to C and F, while having C and C cooperate with the payment of insurance money, and the defendant received KRW 300 million as insurance money from Seoul Guarantee Insurance. Since C and C have a claim for return of unjust enrichment of USD 199,320 paid twice to the defendant, and the plaintiff shall exercise the above claim against C in subrogation.
2. Determination
A. In the way that C remits USD 199,320 to the shower two times on August 23, 2013 and August 27, 2013, and the shower re-transfers the above amount to the Defendant two times on August 29, 2013, and on September 2, 2013, the shower sending it to the Defendant through the shower.