1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Defendant had a claim against Nonparty C in around 2015, but did not receive it until 2017.

B. Around 2017, the Plaintiff tried to lend money as security to one’s own land.

C. On June 16, 2017, the Plaintiff deposited KRW 40,000 into the D’s account designated by the Defendant in the name of C.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including various numbers), the purport of the whole pleadings

2. The plaintiff's assertion;

A. The Plaintiff agreed to transfer KRW 40 million from the Defendant to a third party on the condition of borrowing KRW 50 million from the Defendant, or agreed to repay the Defendant’s debt to the Defendant as a third party on the condition of borrowing money as above, and remitted the above KRW 40 million to the Defendant. However, the agreement was not effective since the Plaintiff’s active condition of borrowing KRW 500 million from the Defendant was not fulfilled due to the failure of the fact. Accordingly, the said agreement should be returned to the Defendant by unjust enrichment.

B. As the Defendant, as if he were to borrow KRW 50 million from the Plaintiff, by deceiving the Plaintiff to borrow KRW 50 million, and by receiving KRW 40 million from the Plaintiff, the Defendant should pay KRW 40,000 as compensation for damages.

3. Determination

A. In light of the following circumstances, the Plaintiff’s payment of KRW 40 million to the Defendant at the time of the instant lawsuit, namely, the Plaintiff’s payment of the Defendant’s obligation to the Defendant, and the Plaintiff’s payment of KRW 500 million to the Defendant, it is reasonable to deem that the deposit was made in the Plaintiff’s name, other than C, inasmuch as the Plaintiff’s payment of the interest to the Defendant was made by advance payment of KRW 500 million to the Defendant.