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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.
Reasons
1. The summary of the cause of the claim was in the process of concluding a refund loan contract with C, a representative of the defendant.
However, even though the Plaintiff’s defect, C or the Defendant’s fact did not need money to resolve the lack of the procedure in which the said contract was in progress, the Plaintiff belonged to the Plaintiff as if it were necessary to pay money for such purpose.
Accordingly, the Plaintiff transferred KRW 10,000,000 to the Defendant’s bank account.
Therefore, the defendant is jointly and severally liable to pay the plaintiff KRW 10,000,000 as damages or unjust enrichment, and damages for delay.
2. In full view of the purport of the oral proceedings in 1 to 5, the defendant and C were to convert high interest rate loans into low interest rate loans and to take charge of the so-called exchange loan business. The defendant mainly took charge of counseling with debtor. The defendant and C entered into the first exchange loan contract with the plaintiff around June 2017, and then arranged the plaintiff to receive 78,000,000 won from other financial institutions after the plaintiff paid 70,717,000 won in lieu of the plaintiff's existing loan and then the plaintiff sent 10,000 won to the other financial institutions. After that, on September 19, 2017, the plaintiff had the intention to convert high interest rate loans into low interest rate of 1 to 00,000 won, and then the plaintiff could have concluded the first exchange contract with C and 200,0000 won to 10,0000,000 won to 10,000,000 won to 20,00.
However, as above, C demands the Plaintiff to pay KRW 10,000,000.