1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Summary of the plaintiff's assertion

A. Upon the Defendant’s request, the Plaintiff repaid KRW 200 million to the National Bank of Korea (hereinafter “National Bank”). The above KRW 200 million was used as the Defendant’s church construction fund and was borne by the Defendant to the National Bank. The Defendant paid KRW 1080,000 (the agreed interest rate 6.48%) as the monthly interest from September 28, 2009 to September 28, 2009, but the said interest was overdue from October 28, 2009.

B. The Defendant failed to repay the debt amounting to KRW 210 million to the Korea Asset Management Corporation, and asked the Plaintiff to repay the above debt amounting to KRW 210 million on July 10, 2009, and the Plaintiff paid KRW 210 million on August 31, 2009 to the Korea Asset Management Corporation.

C. On May 19, 2008, the Plaintiff paid 9.2 million won to C, the Defendant’s creditor, on behalf of the Defendant.

Therefore, the defendant is primarily liable to pay to the plaintiff the total amount of KRW 419,200,000 paid by the plaintiff, and the plaintiff is entitled to seek the return of the amount subrogated by the defendant at the defendant's request and the compensation for delay thereof, and even if the relation of delegation is not recognized between the defendant and the defendant, the plaintiff can seek the return of the amount paid by the defendant for the defendant in terms of the business management.

Preliminaryly, the Plaintiff’s repayment has a duty to return unjust enrichment equivalent to the amount of money and damages incurred by the Defendant, since a national bank and the Korea Asset Management Corporation’s application for auction on the land owned by the Defendant without any legal grounds, gains the cancellation of the right to collateral security or a request for auction under the name of the Korea Asset Management Corporation.