1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 15, 2014, the Plaintiff: (a) lent KRW 200 million to C Co., Ltd. with a maturity of KRW 200 million; (b) on July 31, 2015, the Plaintiff received reimbursement of KRW 200 million as part of the interest and principal of the loan from Nonparty Co., Ltd.; (c) on January 19, 2017, the Plaintiff filed a lawsuit against Nonparty Co., Ltd. with the Incheon District Court 2017Gahap50378 (hereinafter “Non-Party”); (d) on December 15, 2014, the Plaintiff claimed payment of the principal amount of KRW 200 million from May 30, 2015 to July 31, 2015; and (e) on January 19, 2017, the Plaintiff was determined to have repaid the principal amount at the rate of KRW 31,369,863 (payment KRW 200,000 to July 215).

B. The Defendant paid the purchase price of the apartment. The Defendant was the representative director of the non-party company from April 4, 2014 to September 3, 2015. 2) The Defendant purchased from Jinju-si E Apartment F (hereinafter “instant apartment”) from D around October 2015.

On October 5, 2015, a non-party company remitted KRW 30 million to G, a creditor of the non-party company, to G, and upon the Defendant’s request, G wired KRW 30 million to D with the purchase price of the apartment in this case on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8, purport of the whole pleadings

2. The plaintiff's assertion that the defendant embezzled 30 million won of the money of the non-party company and used it as the purchase price of the apartment of this case owned by the defendant. Thus, the non-party company is obligated to pay 30 million won and damages for the unjust enrichment or damages caused by embezzlement.

At present, the non-party company is insolvent, and the plaintiff is a creditor who has a loan claim against the non-party company and exercises the above unjust enrichment or damage claim on behalf of the non-party company.