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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a specialized credit financial business company running installment financing business, and the Defendant is a corporation mainly engaged in manufacturing and selling construction machinery.
B. On February 28, 2018, the Plaintiff loaned KRW 430,000,000 as the fund for purchasing concrete pumps of KRW 572,00,000 with C, and entered into an annual agreement with C to the effect that it is repaid in equal installments for a certain period of time from C (hereinafter “instant agreement”), and remitted the said money to the Defendant, who is a concrete pumps distributor, on the same day.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 2 (including each number in the case of additional number), the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The Plaintiff’s assertion 1) concluded the instant agreement with the Defendant to provide installment financing, knowing that the Plaintiff purchased specific concrete pumps from the Defendant, and transferred 430,000,000 won to the Defendant with the purchase price for the concrete pumps. However, C did not actually purchase the above concrete pumps from the Defendant, and thus, the instant agreement was revoked on the ground of fraud. The Defendant is obligated to pay to the Plaintiff 430,000,000 won, which is equivalent to the profit accrued from the Plaintiff’s above payment, and interest or delay damages thereon, which is 430,000,000 won, which is 430,000,000,000 won, which was remitted, to be appropriated for the payment of the remainder of the unpaid claim against C, and thus, C’s claim is unjust since it was intended that the construction machinery would be appropriated for the purchase price scheduled in the future.
B. A party to a judgment contract directly provides benefits to a third party who has a different contractual relationship with the other party by shortening the process of payment upon the other party’s instruction.