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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.
Reasons
1. Basic facts
A. The defendant worked as the Agricultural Technology Center C by Youngcheon-si until June 2008, and is working as the Korean Traditional Natural Salt Artist, and the plaintiff is working as the business entity in the United States.
B. On February 26, 2008, the Defendant, in the name of the Plaintiff, drawn up a document (No. 1, 2000,000) with the following contents (hereinafter referred to as “the daily loan of this case: 200,000,000) on the loan of this KRW (Won 200,000,00) with the interest as set forth below. 2. The principal amount is at the time of commercial transaction.)
C. The Plaintiff, from its own account opened in the National Bank, remitted total of KRW 45 million to the Defendant, including KRW 20 million on February 27, 2008, KRW 50 million on September 18, 2009, KRW 50 million on February 1, 2010, KRW 50 million on April 26, 2010, and KRW 45 million on April 26, 2010.
[Recognition] Facts without dispute, Gap Nos. 1 and 2, Eul No. 6 (including, if any, the number; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the plaintiff's assertion 1) The plaintiff primarily lent 20 million won as above to the defendant's transfer of 20 million won from the date following the receipt of the loan certificate of this case from the defendant to April 26, 2010. Therefore, the defendant is obligated to pay the above loan and delay damages. Even if the loan is not a preliminary loan of 250 million won (excluding the remainder of 200 million won which was paid by the plaintiff) paid by the plaintiff, the defendant received the above 2.5 million won from the plaintiff without any legal cause, and thereby the defendant suffered losses, and the defendant is obligated to return the above 250 million won as unjust enrichment.2) The defendant helps the defendant support the defendant to be able to concentrate on the entire work of the defendant, and then the defendant has made a commercial loan through the exhibition, etc.