beta
Text
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The defendant's judgment on the main defense of this case is that the amount for which the plaintiff seeks payment as the lawsuit of this case is invested in E, not the defendant. Thus, the plaintiff's lawsuit of this case is an unlawful lawsuit against the non-qualified person.
However, in a lawsuit for performance, a person asserted as the performance obligor by the plaintiff has the standing to be the defendant, so the defendant's defense is without merit.
2. Judgment on the merits
A. The Plaintiff’s primary assertion (hereinafter “Loan for Consumption”) concluded that the Defendant would pay the Plaintiff a total of KRW 245 million as follows, and thus, the Plaintiff is obligated to pay the said amount and damages for delay. (A) The Plaintiff paid the Defendant a total of KRW 140 million from March 10, 2011 to May 16, 201, upon the Defendant’s recommendation to purchase the land located in the Seocho-gu Busan Metropolitan City together, with the purchase price of the land from March 10 to May 16, 201.
Since then, upon the waiver of the purchase of land by the Plaintiff, the Defendant, instead of acquiring the Plaintiff’s shares among the above land, borrowed KRW 140 million paid to the Plaintiff as the purchase price, and subsequently agreed to return the land later.
B) On June 14, 201, 201, upon the Defendant’s recommendation that the Plaintiff would purchase new apartment units D in Jeju City, the Plaintiff paid a total of KRW 1.5 million to the Defendant as the purchase price for apartment units from June 14, 2011 to June 22, 2011. After that, the Defendant may sell land to the Plaintiff by E who has conducted the construction project for apartment units and purchased land in Seosan. Accordingly, the Defendant requested the Plaintiff to the effect that “The said KRW 1.5 million paid by the Plaintiff may be lent to the Defendant’s investment in the said land purchase project.” Accordingly, the Plaintiff agreed to lend the said KRW 1.5 million to the Defendant upon the Defendant’s request, and the said KRW 15 million was loaned to the Defendant. (2) Preliminary claim (illegal enrichment) (i.e., repayment) as stated in the foregoing paragraph (1).